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UNITED STa'teVoF AMERICA. 



THE 



Pound-masters Manual 



STATE OF MINNESOTA. 



A COMPLETE GUIDE FOR POUNDMASTERS IN THEIR DU- 
TIES UNDER THE GENERAL STATUTES AND SPECIAL 
HERD LAWS OF THE STATE. 



S* 



,-A 



BY WALTER S. BOOTH, 

n 

Author of the "Justice's Manual" the "Constable's Manual" the 

"Highway Manual," and the " Township Manual;" also the 

" Dakota Township Manual" and the "Dakota 

Highway Manual. " 






SECOND EDITION. 



MINNEAPOLIS, MINN.: 
WALTER S. BOOTH, PUBLISHER. 







Copyright 1889, 

BY 

WALTER S. BOOTH. 



V 



LAWS OF MINNESOTA, 

EELATING TO FENCES AND BEASTS DOING DAMAGE, THE 

HEED LAWS AND THE POWERS AND DUTIES OF 

POUNDMASTEES ACTING THEEEUNDEE. 



INTRODUCTORY CHAPTER. 



POUNDS AND POTINDMASTERS. 

\ 1. Pounds and poundmasters defined.— A pound is an in- 
olosure, erected by authority, in which cattle or other beasts are 
confined when taken in trespassing, or going at Jarge in violation 
of law. To impound an animal is to put, shut or confine it in a 
pound or close pen. A poundmaster is one who has the care of, 
and is the lawful keeper of the public pound. 

§ 2. How and when elected in townships. — The electors of 
each town have power at their annual town meetings to determine 
the number of poundmasters and the location of pounds. — G. 8. 170, 
§16. Whenever the electors of any town determine at their annual 
meeting to erect one or more pounds therein, the same shall be 
under the care and direction of such poundmasters as are chosen or 
appointed for that purpose. — G. S. 181, % 102. 

I 3. How chosen in cities and villages. — In cities and vil- 
lages the poundmaster is sometimes appointed by the council 
under the authority derived from the charter, but in most cases the 
marshal or constable or other police officer has the custody of the 
public pound and is the poundmaster in fact, by virtue of his office 
under the authority given by the charter. His powers and duties 
as poundmaster arise from cattle or other animals trespassing 
.against the ordinances, resolutions or by-laws of the corporation, 
or against the general statutes or special herd laws given in the fol- 
lowing chapter. 

§4. When to be elected in townships. — The proper time 
during the annual town meeting for the poundmaster to be chosen 
is at the hour when the general business of the town is in order, 
and when the subject of the "number of poundmasters and the 
location of pounds," is to be considered and determined on. They 
are to be chosen by ayes and noes, or by a division, as the electors 
may determine. They are not required to file any oath or bond, 
only a notice of acceptance is required. 

§ 5. Poundmaster to pile acceptance. — Every person 
elected or appointed to the office of poundmaster, before he enters 
on the duties of his office, and within ten days after he is notified 
of his election or appointment, shall file in the office of the town 
clerk, a notice signifying his acceptance of such office. A neglect 
to file such notice shall be deemed a refusal to serve.— G. 8.172,139. 

§ 6. Form op acceptance. — The notice of acceptance might 



iT INTEODUCTOKY. 

be made out, signed and tiled with the town clerk at the town 

meeting, and might be in the following form : 

"To , town clerk of the town of , county of and state of 

Minnesota : 

Sib : — Having been elected poundmaster in and for said town, 

on the day of , 189 , I hereby notify you that I accept said 

office. (Dated and signed by the newly elected poundmaster.) 

If the person elected poundmaster fails or neglects to file this 
notice of acceptance within the ten days required by law, the office 
is vacant and the board of appointment should fill the vacancy. 

\ 7. Pounds in cities and villages.— The common council of 
all incorporated cities have authority by ordinance, resolution or 
by-law to establish and construct public pounds, and restrain the 
running at large of cattle, swine, sheep, poultry and geese, and to 
authorize the distraining and sale of the same, and to impose pen- 
alties on the owners of such animals for violation of the ordinance. 
— G. S. 193, 194, \ 164. The village council of all incorporated vil- 
lages have full power and authority to enact, adopt, modify and 
enforce all ordinances, rules and by-laws to restrain the running at 
large of cattle, horses, mules, sheep, swine, poultry and other ani- 
mals, and to authorize the distraining, impounding and sale of the 
same.— G. L. 1885, 154, 155, Sec. 21. 

§ 8. Pounds in townships. — The electors of each town have 
power, at their annual town meeting, to determine the number of 
poundmasters, and the location of pounds. Also, to make all rules 
and regulations for ascertaining the sufficiency of fences in such 
towns, and for impounding animals. They also may, at any 
annual town meeting, discontinue any pounds therein.— G. S. 170. 
% 16; Id. 181, § 103. 

% 9. Common and statute law against trespassing animals. 
— The common law on the subject of trespassing animals which pre - 
vailes in all cities and villages and in the older and more populous 
districts of the state, is, that every man is bound to keep his animals 
on his own land, and if he suffers them to escape and go at large 
upon the land of another he is a trespasser. But in most of the 
newer and more sparsely settled portions of the state the statute 
allows the electors at their annual town meeting to determine the 
time and manner in which cattle, horses, mules, asses and sheep 
are permitted to go at large ; provided, that no cattle, horses, mules 
nor asses be allowed to go at large between the fifteenth of 
October and the first of April ; to make all rules and regulations 
for ascertaining the sufficiency of fences in such towns, and for 
impounding animals, and to impose such penalties on persons 
offending against any rule or regulation established by said town, 
except such as relate to the keeping and maintaining of fences, as 
they think proper, not exceeding ten dollars for each offense, and 
to apply such penalties, when collected, in such manner as they 
deem most conducive to the interests of the town. — G. S. 170, 
§16, as amended, G. L. 1887, 79. 

% 10. All votes restraining cattle to be by ballot.— All 
votes regulating the time and manner of running at large of cattle, 
horses, mules, asses and sheep, within the several towns of the 
state of Minnesota, shall be by ballot, either printed or witten, or 
partly printed or partly written, and shall be in these words: "In 
favor of restraining cattle," or "Against restraining cattle," and 
shall be placed in the same ballot-box with the votes cast for town 
officers, and be canvassed and returned in the same manner in which 
other ballots are now required to be canvassed and returned. — G. S. 
171,% 27. 



INTRODUCTORY. v 

§ 11. By-laws, when to take effect.— No by-law made by 
any town shall take effect before the same is published by posting 
up copies thereof in three of the most public places in the town; 
and such by-laws, duly made and so published, are binding upon 
all persons coming within the limits of the town, as well as upon 
the inhabitants thereof, and shall remain in force until altered or 
repealed at some subsequent town meeting. — G. S. 169, % 12. 

\ 12. By-law, what it may contain;. — A by-law is an ordi- 
nance adopted by resolution at the annual town meeting, providing 
rules and regulations, among other matters, for impounding 
animals, and imposing penalties for offending against such rules 
and regulations. For instance, it may provide that when animals 
are found running at large contrary to law, that it shall be the 
duty of the ponndmaster to cause them to be taken and placed in 
the public pound, and that it shall be lawful for any person to take 
such animals to the pound and cause them to be impounded, such 
animals to be thereafter disposed of according to law. 

g 13. By-laws to be posted up. — The town clerk shall post in 
three of the most public places in his town, copies of all by-laws 
made by such town, and shall make an entry in the town records 
of the time when, and the place where, such by-laws were posted. — 
G. S. 177, § 73. 

§ 14. Proper subjects fob the pound. — In many counties 
and parts of counties (enumerated in next chapter), the electors 
are not permitted by law to vote on the subject of cattle running 
at large. In many others where they are so permitted to vote, the 
electors have determined that cattle and other animals can not run 
at large. Even in toAvns voting that cattle and other animals may 
run at large at certain times, and not having strictly complied with 
the statute authorizing them to so determine the question, they 
can not lawfully run at large. As for instance, voting on the sub- 
ject by acclamation instead of by ballot, — or the town clerk neg- 
lecting to post up the by-law permitting them to run at large. So 
that in a large portion of this state, cattle and other animals run- 
ning at large without a keeper or herdman, are trespassers, and 
proper subjects for the public pound. 

§ 15. Legal fences defined. — In determining proper subjects 
for the public pound the sufficiency of fences is often involved. 
The statutes define a legal fence as follows: All fences four and a 
half feet high and in good repair, consisting of rails, timber, boards 
or stone walls, or any combination thereof, and all brooks, rivers, 
ponds, creeks, ditches and hedges, or other things which shall be 
•equivalent thereto in the judgment of the fence viewers within 
whose jurisdiction the same may be, or any such fences as the par- 
ties interested may agree upon, shall be deemed legal and sufficient 
fences.— G. S. 291,%1. 

\ 16. Wire fences legal.— In all cases where any law of this 
state requires to be erected or maintained any fence or fences for 
any purpose whatever, it shall be sufficient, and a compliance with 
such law, if there shall be erected and maintained a barbed wire 
fence consisting of two barbed wires and one smooth wire, with at 
least forty barbs to the rod, the wire to be firmly fastened to posts 
not more than two rods apart, with one stay between the posts, the 
top Avire to be not more than fifty-two inches high or less than 
forty-eight, and the bottom wire not less than sixteen inches from 
the ground; or four smooth wires, with posts not more than two 
rods apart, and with good stays not to exceed eight feet apart, the 
top wire to be not more than fifty-six inches high nor less than 
forty-eight, and the bottom wire not less than sixteen inches nor 



ri INTRODUCTORY. 

more than twenty inches from the ground; provided, that five 
smooth wires shall be required to constitute a legal partition fence: 
provided, that any other fence authorized by law shall also be held 
a legal fence.— G. S. 291, % 2. 

§ 17. CONSTKTJCTION AND LOCATION OF PUBLIC POUNDS. — The 

statutes do not prescribe as to the sufficiency of public pounds, but 
leave the details of their construction to the council in the case 
of cities and villages, and in townships give the electors power at 
their annual town meeting " to make all rules and regulations for 
impounding animals." The statute also authorizes them "to deter- 
mine the location of pounds." It seems to be the policy of the law 
that pounds should have a fixed and known locality, so that all 
parties interested may take notice of where to apply in case of 
animals impounded. If no public pound has been erected, they 
might designate any particular inclosure named, as a pound for the 
time being, and, doubtless, might designate the private inclosure 
of the poundmaster as the public pound. 

§ 18. Remedies against trespassing animals.— When the 
owner or occupant of lands finds animals trespassing upon his 
premises, destroying or injuring his crops, or in any way doing 
damage, he has the following remedies by law : 

1. He may distrain the beasts doing damage, or, 

2. He may maintain an action at law against the owner, or, 

3. He may take them up as estrays, if he does not wish to 
distrain or sue at law, and does not at the time know who is the 
owner, or, 

4. He may take them to the public pound, to be impounded 
and disposed of according to statute, or the ordinance of the city 
or village, or the by-laws of the town. 

§ 19. Proceedings by distraint. —In case he distrains the 
beasts doing damage, he must capture and detain the animals while 
doing the damage and before they escape from his premises. He 
can not recapture and detain them if they once escape, nor can he 
distrain one animal for damage done by another, though at the 
same time and place and belonging to the same person, nor for a 
former damage done by the same animal. If it be in those districts 
Avhere cattle have been permitted by due course of law to run at 
large in the day-time during summer, he can only distrain them 
doing damage in the night-time, unless his lands are inclosed by a 
lawful fence. If it be in those districts where the common law 
prevails, he can distrain them day or night, and at all seasons of 
the year, without regard to the sufficiency of fences thereon. 

| 20. Powers and duties or pound masters. — The powers and 
duties of poundmasters arise from animals trespassing against the 
ordinances of cities and villages, or against the by-laws, rules and 
regulations of townships, or against the general herd laws or the 
special herd laws of the state as given in the following chapter. 
The duties of poundmasters in each particular case is definitely 
pointed out by statute, and directions for their proceedings there- 
under given in full. The following chapters are taken entire from 
the new township manual of 1890, and for convenience in refer- 
ence the numbering of the chapters, pages and sections remain the 
same as in the new township manual. 



CHAPTER VII— ESTRAY AND HERD LAWS. 



§ 1. Who may take up estkays. — No person snail take up any 
estray, except horses and mules, unless such person shall be at the 
time a resident of the same town wherever such estray shall be 
found, nor unless such estray shall be found upon the lands owned 
or occupied by the finder. — G. S- 295, \ 1. 

% 2. Notice to the owner. — Any person taking up an estray 
shall, within seven days thereafter, notify the owner, if to him 
known, and request such owner to pay all reasonable charges and 
take such estray away. — Id. \ 2. 

I 3. When owner is unknown. — If the owner of any estray bo 
unknown (a), the finder shall, within ten days after taking up the 
same, file a notice thereof with the town clerk ; and if the estray or 
estrays so taken up are of the value of less than five dollars, he 
shall also post up notices of the taking up of such estray in two or 
more public places in such town ; but if the estray or estrays so 
taken up are of the value of more than five dollars, "the town clerk 
shall transmit to the county register a copy of the notice filed by 
the taker-up in said town clerk's office, to be by the county register 
filed in a book kept by him for that purpose. Such notice shall 
contain a brief description of the estray, describing the same by 
giving marks natural and artificial, as near as practicable, the name 
and residence of the finder, and, as near as may be, the time at 
which the same was taken up, and the value of said estray or estrays. 
For making such entry the clerk shall receive from the taker-up of 
any estrays ten cents each for all horses, mules, asses, and meat 
[neat] cattle, and five cents each for all hogs, sheep and goats 
described in said notice. — Id. \ 3. 

\ 4. Appraisement, record, how made. — Every finder of any 
estray or estrays, which, when taken up, are of the value of ten 
dollars or more, shall, within one month after taking up the same, 
procure an appraisement thereof by a justice of the peace of his 
town, which appraisal shall be certified to by such justice, and 
within the time before mentioned filed in the office of the town 
clerk of such town; and he shall pay to such justice fifty cents for 
such appraisement, [and certificate] and six cents for every mile 
necessarily traveled in such service. The town clerk shall transmit, 
by mail or otherwise, forthwith to the register of deeds of the county 
where such estray is detained, a certified copy of the notice and 
description of the estray on file in his office, for which certificate 
the town clerk shall receive the sum of twenty-five cents, to be 

(a) To be an "estray" under our statutes the animal must be found wander- 
ing, and its owner must be at the time unknown to the person taking it up. If 
the owner becomes known to the taker-up within seven days then he must be 
notified according to § 2. If the owner be unknown at the expiration of seven 
days then notice must be filed within ten days according to § 3 and proceedings 
had according to the various sections of the estray law. But cattle escaping 
from premises of their owner and found on adjacent premises, and taken up by 
a person knowing at the time who is their owner, are not "estrays" within the 
meaning of the statute. His remedy is under another statute. 



100 SALE OF ESTRAYS. 

advanced by the person detaining such estray, together with the 
fee of fifty cents, which fee shall be forwarded by the town clerk 
to the register of deeds with the notice; and upon the receipt of 
said notice and description, with the fee accompanying it, the 
register of deeds shall cause the notice and description to be 
recorded in a book in his office, kept for that purpose, designated 
"Estray Book": provided, the register of deeds shall not be entitled 
to more than the sum of fifty cents for recording any estray notice 
and description, whether said notice includes a description of one 
or more animals. It shall be the duty of said register to answer all 
letters of inquiry addressed to him, provided such letters contain 
a postage stamp'to pay postage on said answer. — G. S. 295, 296, § 4. 

§ 5. Charges to be paid before restoration. — If the owner 
or person entitled to the possession of any estray shall appear at 
any time within on.e year after the notice is filed with the town 
clerk of the aforesaid town, and make out his right thereto, he shall 
have such estray restored to him, upon paying all lawful charges 
which have been incurred in relation to the same.— Id. 296, § 5. 

§6. Adjustment of charges. — If the owner and the finder can- 
not agree upon the amount of such charges, or for the use of such 
estray, either party may make application to any justice of the 
peace of the town, or adjoining town, where such estray was taken 
up to settle the same ; and the party making such application shall 
give notice thereof to the other party ; and if any amount shall be 
found due to the finder by the said justice, over the value of the 
use of such estray, the same shall, together with the cost of the 
justice, be a lien on such estray until paid by the owner. — Id. § 6. 

\ 7. Title to estray, to be sold when.— If the owner or 
person entitled to the possession of any estray, shall not appear 
and make out his right thereto, and pay the charges thereon, within 
one year from the time the notice is filed with the town clerk as 
aforesaid, and if such estray shall not have been appraised at a 
greater value than ten dollars, the finder shall have a perfect title 
to the same ; but if the appraisal of such estray shall have been 
adjudged to be more than ten dollars, as provided in [the] fourth 
section of this chapter, such estray shall be sold at the request of 
the finder by any constable of the town, at public auction, upon 
first giving public notice thereof in writing, by. posting up the 
same in three of the most public places in said town at least ten 
days before such sale ; and the finder may bid therefor, at such 
sale : and after deducting all the lawful charges of the finder as 
aforesaid, [and] the fees of the constable, which shall be the same 
as on a sale on an execution, the finder shall deposit the 
remainder of the money with the treasurer of the county where 
such estray was kept, taking a receipt therefor, which shall be a 
legal discharge of the finder of such estray from all liability 
therefor.— Id. \ 7. 

\ 8. Estray moneys, how disposed of.— If the money be not 
claimed within one year after the sale by the former owner of the 
estray after the same was sold under the provisions of this act, the 
surplus money shall be paid by the county treasurer to the school 
fund of the county in Avhich such estray was found. — Id. $ 8. 

§ 9. Penalty for driving away estray. — If any person, claim- 
ing the ownership of an estray, when the taker -up has complied 
with the provisions of this chapter, drives away such estray or 
causes to be driven away from the place where the same is kept, 
without first paying all charges and damages and costs against such 
estray as provided herein, he shall be guilty of a misdemeanor, 
and, upon conviction before any justice of the peace having juris- 



THE GENEEAL HEED LAW. 101 

diction, shall be fined double the sum of said charges, damages and 
costs, and imprisoned in the county jail not less than ten nor more 
than thirty days.— G. S. 296, 297, § 9. 

§ 10. Estray penalties.— Any person taking or detaining any 
estray, who willfully fails or neglects to comply with the pro- 
visions of this chapter, shall be subject to a fine of not less than ten 
or more than one hundred dollars, or be imprisoned in the county 
jail not less than ten days nor more than three months, and shall 
be precluded from all claims to damages or compensation for keep- 
ing such estray; and the town clerk and register of deeds shall be 
subject to a like fine for a refusal or neglect to comply with their 
duties.— Id. 297, § 10. 

II.— THE GENEEAL HERD LAW OP 1874. 

§11. Who may distrain, appraisement of damages. — (a) 
The 'owner or occupant of lands may distrain (6) all beasts doing- 
damage upon his lands, and when any such distress is made the 
distrainer shall keep such beasts in some secure place other than 
the public pound until his damages are appraised ; and within 
twenty-four hours after such distress, unless the same is made on 
Saturday or Sunday, in which case, before the Tuesday morning 
thereafter, he shall apply to the nearest justice of the peace in the 
county, who shall appoint three disinterested inhabitants of such 
town to appraise the damages. Such appraisers shall receive as 
compensation for their services one dollar per day for every day 
actually consumed in making the appraisal, and six cents per mile 
as mileage in going to and returning from the place where the dam- 
ages are done, to be paid in the first instance by the distrainer, dis- 
tance traveled and time spent to be certified to and made a part of 
the returns of said appraisers. — G. 8. 299, % 28, as amended, G. L. 
1885, 101, 102. 

§ 12. Distress, when to be made. — Such distress may be 
made at any time before such beasts doing damage, as aforesaid, 
escape from said lands, and without regard to the sufficiency of the 
fences thereon. — Id. % 29. 

\ 13. Power and duty or appraisers.— The appraisers shall, 
immediately after their appointment, be duly sworn, and repair to 

(a) This section was first amended to read as above in 1874, and practically 
extends the common law to all the counties and townships in the state except 
those exempted in the three last provisos of § 20, p. 104. This common law is : 
"That every man is bound to keep his animals on his own land, and if he suffers 
them to escape and go upon the land of another, he is a trespasser." Previous to 
this amendment of 1874, the electors of each town in the whole state had power 
at their annual town meeting to determine the time and manner in which cat- 
tle, horses, mules, asses, and sheep were permitted to go at large in accordance 
with subdivision sixth, section fifteen, general laws of I860. G. L. 1866, 140, 
141, Sec. 15, Subd. 6. Id. 220, Sec. 29. Since this amendment of 1874, the common 
law has been extended, from time to time, by special acts and fewer exceptions 
to the general act, to all of the older and more populous counties of the state, 
narrowing the territory, year by year, in which cattle may be allowed to run 
at large. Even in the counties and parts of counties that are permitted to vote 
on the subject, unless the statute be strictly followed in the manner of voting, 
the canvass, the final passage, and duly posting up copies and recording the 
by-laws allowing stock to run at large, the common law will still prevail in such 
localities. 

• (o) Distraining beasts doing damage is the taking and holding without 
process until payment is made, animals found and captured doing damage on 
one's lands^ They must be distrained while on the lands, and if they escape 
therefrom they can not be recaptured and distrained. One animal cannot be 
distrained for damage done by another at the same time though in the same 
field and belonging to the same person. An appraisement of damages done by 
cattle distrained while doing damage must not include damage previously 
done, A party failing or neglecting: to distrain beasts doing damage may 
maintain an action at law for such damages under § 20, pp. 103, 104, hereafter. 



102 BEASTS DOING DAMAGE. 

the place and view the damages done, and they may take the evi- 
dence of any person of the facts and circumstances necessary to 
enable them to ascertain the extent of such damage, for which 
purpose the appraisers, or either of them, are authorized to admin- 
ister an oath to every such witness: provided, the owner of such 
animals, or his agent, at any time before proceedings have been 
commenced to appraise such damages under the provisions of this 
act, or before suit in any court shall have been commenced to 
recover said damages from such owner or agent, may tender (a) 
the amount of such damage to the person aggrieved by any depre- 
dation, of such amounts as said owner may think has been suffered 
thereby ; and if said tender is accepted, no other damages can be 
recovered in any manner ; and if said tender is not accepted, and 
other proceedings are had under the provisions of this act, or 
otherwise, and the person aggrieved by such depredations fails to 
substantiate or recover any greater sum as damages than such 
amount tendered by the said owner, no costs shall be collected or 
taxed against such owner, and saidowner's costs and disbursements 
shall be paid by said complaining party, to be taxed against him as 
in like actions and proceedings. — G. S. 299, % 30, as amended, G. L. 
1879, 26. 27. 

\ 14. To certify damage and fees. — The appraisers shall 
ascertain and certify under their hands the amount of such 
damage, with fees for their services not exceeding one dollar per 
day. — Id. %3l. 

§ 15. Beasts distrained may be impounded until fees are 
paid. — Within twenty-four hours, Sunday excepted, after the dam- 
ages are so appraised, unless the amount so ascertained, and the 
fees of the appraisers, and fifty cents justice's fees are paid, the dis- 
trainer shall cause the beasts distrained to be put in the nearest 
pound in the same town, or in the nearest pound in any adjoining 
town or city within the same county, if there is one, and if there is 
no pound within the town, then in some inclosure within the 
county, there to remain until the same are sold as hereinafter 
directed, or until the damages so certified, and the fees of the 
appraisers and justices, and costs of keeping such beasts, are paid ; 
and if such beasts are put in any pound, the distrainer shall deliver 
the certificate of the appraisers to the keeper of such pound.— Id. 
§32, as amended, G. L. 1885, 111. 

% 16. Duty of poundmaster, sale. — The poundmaster shall 
receive and keep the beasts so delivered to him in the public pound, 
and shall, within five days, sell such beasts, or so many of them 
as are necessary, at public vendue, giving at least three days' notice 
of such sale, by posting up the same at such pound and at three 
of the most public places within the town, when and where such 
sale is to be made : provided, that the poundmaster, or the person 
keeping such beasts, shall furnish them with sufficient and appro- 
priate food, and take good care of such beasts, and shall be paid 
therefor as part of the fees and costs in such cases. — Id. 299, 300, § 33. 

g 17. Sale in towns having no pound, redemption, notice 
to owner.— If there is no pound within the town where such beasts 
are distrained, and the same are kept in an inclosure other than the 
public pound, such beasts, or so many of them as are necessary to 
pay all damages done by said beasts, together with all costs author- 
ized by this chapter, shall be sold as soon as practicable at public 
vendue, by or under the direction of the sheriff or any constable of 

(a) To "tender" is to offer a sum of money in satisfaction of a claim, by- 
producing and showing the amount to the party claiming, and expressing a 
willingness to pay it. 



BEASTS DOING DAMAGE. 103 

the county, after the like notice as is required in the case of con- 
stables' sales of goods and chattels taken by execution : provided, 
that any person who purchases airy animal so sold shall keep the 
same for the period of two months, and any person who owns said 
animal may redeem the same within the said two months, by pay- 
ing all costs and charges, and the price at which such animal was 
sold, and interest at the rate of twelve per cent per annum: pro- 
vided, further, that if the owner of such beasts is known to the 
person distraining, he shall notify the owner, within twenty-four 
hours after such distraining, if such owner resides within the same 
town; and if such owner does not reside within the same town, but 
in the same or an adjoining county, then within three days after such 
distraining, Sundays always excepted ; such notice shall specify 
the time when and place where such beasts are distrained, the 
number of such beasts, and that the same were distrained for doing- 
damage.— G. S. 300, % 34. 

% J 8. Fees of distrainees and others. — From the proceeds of 
such sale the person making the same shall retain sufficient to pay 
the amount of his fees, the cost of keeping such beasts, and the 
charges of such sale ; and he shall pay to the distrainer the damages 
so certified, with fees of the appraisers and of the justice; and if 
there is any surplus, the same shall be paid to the owner of such 
beasts, if known. If no owner appears at the time of such sale, or 
within one week thereafter, and claims stich surplus, the same shall 
be paid to the treasurer of the county in which such sale is made. 
—Id. § 35. 

§ 19. Owner to receive surplus.— The county treasurer shall, 
after deducting two per cent for his fees, pay such surplus money, 
if claimed within one year after the distress, to the owner of such 
beasts ; if not claimed within that time, to the school fund of that 
town in which the beasts were distrained — Id. § 36. 

§20. OWNER OF BEASTS LIABLE AT DAW, TOWNS VOTING CATTLE 

to run at large — In case the owner or occupant of lands shall not 
distrain the beasts doing damage as provided herein, the owner of 
such beasts shall be liable, in an action at law, for all damages done by 
such beasts, without regard to the sufficiency of the fences on the 
lands on which damage is done : provided, however, that in all cases 
arising under the provisions of this act, or the statutes to which 
this act is amendatory in towns where a majority of the voters 
at any town or special town meeting called for the purpose shall 
determine, by by-law of such town, that horses, cattle, mules and 
asses shall be permitted to run at large, in accordance with sub- 
division sixth, section fifteen, general statutes of 1866, no damage 
shall be recovered by the owner of any lands for damage committed 
thereon by any such beasts during the day time, until it shall 
be proved that said lands were inclosed by a lawful fence; and 
every three-rail fence, four feet high, constructed of such materials, 
and in such manner as to constitute a good and sufficient fence as 
against cattle, horses, asses and mules, one or more years old, that 
are not breachy, or any fence equal thereto in sufficiency, shall, for 
the purpose of this act, be deemed a lawful fence ; but the word "cat- 
tle," as used in the act, shall not be so construed as to include either 
sheep or swine, or any other domestic animal not exceeding the 
size of sheep or swine : provided, further, that the foregoing pro- 
viso shall not apply to or be in force in the counties of Wabasha, 
Dodge, McLeod, Steele, Lac qui Parle, Martin, Yellow Medicine, 
Lyon, Polk county, except that portion of territory organized as 
the town of Fossum, the seventh senatorial district (Winona 
county) , and Goodhue county ; nor in the county of Kandiyohi, 



104 THE GENERAL HEED LAW. 

save and except in the towns of Norway Lake, Colfax, Burbank, 
Roseville, and Lake Lillian in said (a) county, Brown, Dakota, and 
the north half of the town of Pilot Mound, Fillmore county, the 
towns of Cokato and Stockholm in Wright county, and the town of 
Chanhassan in the county of Carver, and the townships in ranges 
22 and 23, in Freeborn county : provided (1), that the townships of 
Marshall, Eavenna, and Hastings, in the county of Dakota, shall 
nut be affected by this act : provided (2), that the provisions of this 
act shall not apply to the thirtieth, thirty-first, thirty-fifth (b), 
thirty-ninth, except Stevens county, forty-first, except Otter 
i ail county, Wilkin county and Polk (c) county, twenty-eighth, 
twenty-ninth, and twenty-seventh senatorial districts (d): and pro- 
vided, further (3), that nothing contained in this act shall apply to 
tin' townships of Deerfield, Medford, and Aurora, in the county of 
Steele.— G. S. 300, 301, % 37, as amended, G. L. 1881, 43, 92; G. L. 1881, 
ex. 8egg . 45; G. L. 1887,126; G. L. 1 889, 192, 202. 

(a) This amendment is found in sec. 1, chap. 24, G. L. 1881, 43. Section 2 
of the same chapter provides that the voters at the next annual town meeting 
to be held in Kandiyohi county (except the towns of Burbank, Colfax, Lake 
Jjillian, Norway Lake and Roseville, mentioned above), may determine by 
ballot whether horses, mules, asses, cattle and swine shall be permitted to run 
at large or not in said county; but no official report of any such vote has ever 
been made. 

(b) By the act of March 2, 1876, the thirty-fifth senatorial district (Meeker 
county), was excepted from this proviso. In pursuance of the same act the 
majority of the voters of the townships of Meeker county, at the general 
election held in November, 1870, determined the question by ballot as follows : 
The townships of Collinwood, Danielson, Darwin, Dassel, Ellsworth, Forest 
City, Forest Prairie, Greenleaf, Kingston, Litchfield, Manannah, and Union 
Grove voted "In favor of the running at large of horses, cattle, mules and 
asses," and the townships of Acton, Cedar Mills, Cosmos. Harvey and Swede 
Grove voted "Against the running at large of horses, cattle, mules and asses." 
Subsequent acts make it unlawful for horses, cattle, etc., to run at large in the 
towns of Collinwood, Darwin, Litchfield and Kingston.— (Sp. L. 1881, ex. sess., 
198; 1883,401; 1885,522; 1887, 900.) 

(c) Chapter 340, Sp. L. 1879, 455, provides "that township 145, range 44; 
township 145, range 43; and township 146, range 43, be excepted from the opera- 
tion and effect of the general herd law now in force in the county of Polk, 
state of Minnesota." These townships are now in Norman county, which has 
been since formed out of the four southern tier of townships of Polk county, 
viz. : 143, 144, 145 and 146. 

(d) The senatorial districts excepted in this proviso, as they existed under 
the apportionment of 1871, are: 27. Part of Heunepin county*; 28, Atkin, Chi- 
sago, Kanabec, Pine; 29, Carlton, Cass*, Itasca, Lake, St. Louis; 30, Benton, 
Crow Wing, Mille Lacs, Morrison, Sherburn; 31, Stearns: 35, Meeker*; 39, Big 
Stone, Douglas*, Grant*, Lac qui Parle*, Pope*, Stevens*; 41, Becker, Beltrami, 
Clay*, Otter Tail*, Pembina* (now Kittson), Polk*, Todd, Traverse*, Wadena, 
Wilkin*. The counties marked with a * are either released by the act, or, in 
whole or in part, by special herd laws, elsewhere given, and thus restored to 
the common law. 

In the following counties and townships a majority of the voters are 
permitted to determine by ballot at the annual town meeting whether cattle, 
horses, mules, asses and sheep shall be permitted to run at large between the 
1st of April and the 15th of October. If they do not so determine in strict 
accordance with the statute, then the common law is in full force at all times 
of the day and night and seasons of the year: Atkin, Becker, Beltrami, Ben- 
ton, Big Stone, Carlton and the townships of Molund and Tansem in Clay 
county; Cook, Crow Wing, except the townships of Crow Wing, Daggett Brook 
and Oak Lawn; the townships of Belle River, Brandon, Carlos, Evansville, 
Holmes City, Le Grand, Lund, Moe, Orange and Spruce Hill, in Douglas county; 
Hubbard. Itasca, Kanabec, Lake; the townships of Danielson, Dassel, Ells- 
worth, Forest Citv, Forest Prairie, Greenleaf, Manannah and Union Grove, in 
Meeker county ; Mille Lacs, Morrison ; township 145, ranges 43 and 4 1, and town- 
ship 140, range 43, in Norman county; Pine; the townships of Blue Mounds, 
Chippewa Falls. Gilchrist, Glenwood, Lake Johanna, Levan, New Prairie, Nora, 
Reno and Rolling Fork, in Pope county; St. Louis, Sherburne, Stearns; the 
townships of Aurora, Deerfield and Medford, in Steele county; Todd, Wadena, 
Wilkin, except the 1st and 2d commissioner districts, and townships 133, 134, 
range 45, and townships 135, 136, range 46; and the townships of Cokato and 
Stockholm, in Wright county. 



STALLIONS, BREACHY CATTLE, ETC. 105 

I 21. Penalty fok taking away beasts distrained. — If any 
person, •without the authority of law, and without first paying the 
damages and costs, takes such beasts, after being distrained, out of 
the possession of the person making distress, or out of the posses- 
sion of the sheriff, constable or poundmaster, as the case may be, 
without his consent, then such person shall be deemed to have 
committed a misdemeanor, and shall be punished therefor by fine 
not exceeding one hundred dollars, or by imprisonment not ex- 
ceeding three months, and shall also be liable, in double the 
amount of damages committed by such beasts, to the person injured 
thereby.— G. S. 301, § 38. 

III.— STALLION'S, BULLS, BOAKS AND BREACHY CATTLE. 

I 22. Penalty for allowing male beasts to run at large. 
— If the owner or owners of any stallion over the age of one year, 
or bull over the age of nine months, or boar over the age of three 
months, or ram over the age of three months, or any breachy cat- 
tle, shall suffer the same to run at large, he shall forfeit to the town 
in which the animal shall be so at large the sum of five dollars for 
each and every day such animal shall be so at large ; and it shall bo 
the duty of the chairman of the board of supervisors, and he is 
hereby authorized and required, to sue for and collect, in his name 
of office, such forfeitures in any court having jurisdiction of such 
action; and all moneys collected for such forfeiture, after deducting 
the expenses of such suit, shall be paid into the town treasury, f or 
the use of the road and bridge fund of said town where such 
animals are so found running at large. — Id. § 39. 

§23. Notice to owner and suit by supervisor.— And the 
chairman, when notified by any person that such stallions, bulls, 
boars, rams or breachy cattle are running at large, he shall, within 
twenty-f our hours after such notice, give notice to the owner or 
owners of such stallion, bull, boar, ram or breachy cattle ; and if 
the owner or owners of such stallion, bull, boar, ram or breachy 
cattle does not inclose the same, the chairman shall immediately 
cause a suit to be brought against such owner or owners; and any 
suit so commenced shall constitute and be a lien upon the animals 
therein described in favor of the plaintiff to the extent of the 
defendants' titles or interest therein. — Id. % 40. 

§ 24. Castration after notice. — If the owner or owners of 
any such stallion, bull, boar or rarn, shall, after receiving the no- 
tice specified in section two [I 23] of this act, permit any such stall- 
ion, bull, boar or ram to Continue or again run at large, it shall be 
the duty of such chairman, when again notified by any person 
that such stallion, bull, boar or ram is still or again running at 
large, to cause such animal to be taken up immediately and cas- 
trated in the usual manner, and so as to endanger the life of such 
animal as little as possible, for which he shall recover the sum of 
three dollars from the owner by civil action before a justice of the 
peace, and he shall have a lien on such animal for said amount : 
provided, if any ram shall be found going at large, off the premises 
and out of the inclosure or control of its owner or keeper, at any 
time, he may be taken up by any person on whose premises or 
among whose sheep he may be found., and may be castrated by 
such person, who shall not thereby be liable for any damages. — Id. 
301,302, %41. 

§ 25. Impounding and sale when owner not found. — If the 
chairman of the board is unable to find the owner of such animals, 
he shall cause the same to be impounded for the term of three 
days; and if such animal is not claimed, he shall proceed to sell the 



106 BEASTS DOING DAMAGE. 

same at public auction by first giving five days' notice by posting 
up written notices in three of the most public places in said town, 
and after the sale deduct the forfeiture and expenses from the 
amount, and place the balance in the hands of the town treasurer. 
G. S. 302, § 42. 

§ 26. Owner may claim purchase money, when. — If the owner 
of such animal so sold shall prove to the chairman of the town 
board, within one year from the date of said sale, that it was his 
animal, the chairman shall give to such owner or owners an order 
on the treasurer for the amount of said money deposited by him. — 
Id. % 43. 

% 27. Penalty for chairman's neglect. — If the chairman of 
said board of supervisors shall refuse or neglect to perform any of 
the duties required in this act, he shall be liable to a fine of 
twenty-five dollars for each and every refusal or neglect, and the 
person making the complaint may sue for the fine in any court 
having jurisdiction, for his oAvn benefit. — Id. % 44. 

IV. — GENERAL HERD uAW PREVIOUS TO 1874 (a)/ 

(General Statutes 1866, Title III, Chapter 19.) 

Section 1. The owner or occupant of lands may distrain all beasts doing 
damage upon his lands duriug the night time, from eight o'clock in the even- 
ing until sunrise, and when any such distress is made, the distrainer shall 
keep such beasts in some secure place, other than the public pound, until his 
damages are appraised, and within twenty-four hours after such distress, 
unless the same is made on Sunday, in which case before the Tuesday morning 
thereafter, he shall apply to a justice of the peace of the town, who shall 
appoint three disinterested inhabitants of such town to appraise the damages. 
Such appraisers shall receive as compensation for their services one dollar per 
day for every day actually consumed in making the appraisal, and six cents per 
mile as mileage in troing to and returning from the place whence the damages are 
done, to be paid in the first instance by the distrainer, distance traveled and time 
spent to be certified to on oath and made a part of the returns of said apprais- 
ers. No damage shall be recovered by the owner of any lands for damage 
committed thereon by any beasts during the day time, until it shall be proved 
that said lands were protected on the side where the breach or entry was made 
by a lawful fence; every three rail fence, four feet high, constructed of such 
materials and in such a manner as to constitute a good and sufficient fence as 
against cattle, horses, asses, and mules, two or more years old, that are not 
breachy, or any fence equal thereto in efficiency, shall for all purposes of this 
title be deemed a lawful fence; but it is not intended that the word "cattle," 
ac used in this section, shall be so construed as to include either sheep or 
swine, orany other domestic animals not exceeding the same in size.— O. S. 
1860, 220, Sec. 29, as amended, G. L. 1870, 95, 96. 

Sec. 2. Such distress may be made at any time before such beasts 
doing damage as aforesaid, escape from said lands, and without regard to the 
sufficiency of the fences thereon.— Id. Sec. 30. 

Sec 3. The appraisers shall immediately after their appointment be duly 
sworn and repair to the place and view the damages done, and they may take 
the evidence of any person, of the facts and circumstances necessary to enable 
them to ascertain the extent of such damage, for which purpose the appraisers 
or either of them are authorized to administer an oath to every such witness. — 
Id. Sec. 31. 

Sec. 4. The appraisers shall ascertain and certify under their hands the 
amount of such damage, with fees for their services not exceeding one dollar 
per day.— id. Sec. 32. 

Sec. 5. Within twenty-four hours, Sunday excepted, after the damages are 
so appraised, unless the amount so ascertained and the fees of the appraisers, 
and fifty cents justices' fees are paid, the distrainer shall cause the beasts dis- 
trained to be put in the nearest pound in the same town, if there is one, and if 

(a) The provisions of the act under title "II, The General Herd Law of 
1874," embracing §§ 11 to 20, pages 101 to 105, heretofore given, the statute says 
shall not apply to the townships, counties and districts enumerated in the last 
three provisos of § 20, p. 104. The act which applies to them, and which gives 
the mode of procedure in cases of beasts doing damage in the counties and 
parts of counties enumerated in the second paragraph of note id), page 104, is 
given in the above sections of the general herd law in force previous to 1874. 



SPECIAL HERD LAWS. 107 

there is no pound -within the town, then in some inclosure within the county, 
there to remain until the same are sold as hereinafter directed, or until the 
damages so certified, and the fees of the appraisers and justices, and costs of 
keeping such beasts are paid, and if such beasts are put in any pound the dis- 
trainer shall deliver the certificate of the appraisers to the keeper of such 
pound.— G. S. 1866, 220, Sec. 33. 

Secs. 6, 7, 8, 9 are precisely the same as §§ 16, 17, 18, 19, pages 102, 103, here- 
tofore given. 

Sec. 10. In case the owner or occupant of lands shall not distrain the 
beasts doing damage as provided herein, the owner of such beasts shall be 
liable in an action at law for all damages done by such beasts during the night 
time, without regard to the sufficiency of the fences on the lands on which the 
damage is done.— Id. 221, Sec. 38. 

Sec. 11 is the same as § 21, page 105. 

V.— SPECIAL HEED LAWS. 
HEED LAW FOE BIG STONE COUNTY. 

§ 1. Cattle, horses and mules may run at large during all seasons of the 
year, in the county of Big Stone, in said state, but the owners of the animals 
so permitted to run at large, shall be liable for any damage done by such ani- 
mals, although the land on which the damage is done is not inclosed with 
fences.— Special Laws, 1877, 285. 

HEED LAW FOE PAET OF BLUE EAETH COUNTY (a). 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine, [or other domestic animals] owned by 
them, or of which they may have possession or control, to run at large upon 
the public highways or upon the lands [owned by or in possession] of any 
other person, during anv season of the vear, unless properly [and carefully] 
herded.— Sp. L. 1881, extra session,, 201, Sec. 1, and Sp. L. 1889, 1146, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable [in an action at law] for all damages 
that mav occur in consequence of the trespass of such animal or animals.— 
Id. Sec. 2. 

§ 3. The provisions of this act shall apply only to the [township of South 
Bend] whole of the town of Le Ray, in Blue Earth county, state of Minnesota, 
the same being town numbered 108, of range numbered 25. — Id- Sec. 3. 

HEED LAW FOR PABT OF CARVER COUNTY. 

§ 1. Unless otherwise ordered by the board of supervisors of the town of 
Chaska in the county of Carver, it shall be unlawful for cattle, horses, sheep or 
other domestic animals, to run at large in that portion of the town of Chaska, 
which is overflowed by water from the Minnesota River at the ordinary high- 
water stage of said river : provided, that this act shall not apply to any part of 
said town included within the limits of the village of Chaska-— Sp. L. 1881. 
extra session, 199. 

HEED LAW FOR PART OF CASS COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
mules, sheep or swine, owned by such person or persons, or of which such per- 
son or persons have control, to run at large upon any highway or upon the 
lands of any other person or persons, in township number one hundred and 
thirty -three, of range twenty-nine, in the county of Cass, state of Minnesota, 
during the months of April, May, June, July, August. September and October 
in any year, unless they are properly herded.— Sp. L. 1887, 901, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable for all damages that may be caused 
in consequence of the trespass of such animal or animals. — Id. Sec, 2. 

§ 3. The owner or occupant of any land orlands in said township may dis- 
train all beasts doing damage thereon without regard to the sufficiency of the 
fences thereon. And when any such distress shall be made, the damages 
may be appraised and the beast or beasts disposed of and such action in the 
premises taken as is provided in the general statutes for distraining beasts 
doing damage.— Id. Sec. 3. 

HERD LAW FOR CHIPPEWA COUNTY. 

Si. It shall be unlawful for any person or persons to allow any cattle, 
horses, sheep, swine or other domestic animals, owned by such person or per- 
sons, or of which such person or persons have control or may be in possession, 
to run at large upon any public highway, or upon the lands of any other person 

(a) Two separate acts are included under this title, very similar to each 
otier, the only difference being the additional words contained in brackets [ ], 
which belongs exclusively to the township of South Bend. 



108 SPECIAL HEED LAWS. 

or persons, in the county of Chippewa, in this state, during any season of the 
vear, unless such animal or animals are carefully herded.— Sp. L. 1878, 477, 
Sec. 1. 

§ 2. Any person or persons who shall violate or neglect to comply with the 
provisions of the foregoing section, shall toe liable for all damages that may 
ensue in consequence of the trespass of such animal or animals.— 2d. Sec. 2. 

HEED LAW FOE CHISAGO COUNTY. 

§ 1. All horses, cattle, mules and asses shall have the privilege and be 
allowed to run at large in the county of Chisago during the period between 
April first and October first of any year, subject to the provisions of title three 
of chapter nineteen of the general statutes of one thousand eight hundred and 
sixty-six, except as hereinafter provided— Sp. L. 1878, 478, Sec. 1. 

§ 2. During the period between October first and April first of any year, 
said horses, cattle, mules and asses, shall have the privilege and be allowed to 
run at large on condition that the owners of all such animals shall be liable for 
all damage caused by any of said designated animals during both day and night 
time: provided, that for the distraint of all animals doing such damage, the 
owners of such animals shall be liable to all the provisions of title three of 
chapter nineteen of the general statutes, one thousand eight hundred and 
sixty-six, as to the manner of proceeding and the remedy at law more specif- 
ically set forth herein: provided, further, in case the owner or occupant of the 
lands shall not distrain the beasts doing such damage, the owner of such beasts 
shall be liable in an action at law for all damages done by such beasts, without 
regard to any fence or the sufficiency of any fence or fences on the lands on 
which the damage is done.— Id. Sec. 2. 

HEED LAW FOE CLAY COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, sheep, or swine owned by such person or persons, or of which 
such person or persons have control or may be in possession, to run at large 
upon any public highway, or upon the lands of any other person or persons in 
the countv of Clav, state of Minnesota, during any season of the year, unless 
they are carefully herded.— Sp. L. 1881, 888, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable for all damages that may occur in 
consequence of the trespass of such animal or animals: provided, nothing 
herein contained shall apply to the towns of Moland and Tansem, in said 
county.— Id. Sec. 2, as amended, Sp. L. 1883, 398; Sp. L. 1885, 259. 

HEED LAW FOE PAET OF CEOW WING COUNTY [a). 

§ 1. That it shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine owned by them, or of which they may 
have possession or control, to run at large upon the public highways, or upon 
the laid of any other person, during any season of the year, in the towns of 
Crow Wing. Daggett Brook and Oak Lawn, in the county of Crow Wing, unless 
carefully herded.— Sp. L. 1887, 902; Sp. L. 1889, 1147, 1149, 1150, Sec. 1. 

§ 2. The owner or occupant of any lands in said towns may distrain any 
and all beasts doing damage thereon, without regard to the sufficiency of the 
fences thereon, or the existence of any fence whatever. And when any such 
distress shall be made, the damages may be appraised, and the beast or beasts 
disposed of, and such action taken in the premises as is provided in the 
general statutes for distraining beasts doing damage.— Id. Sec. 2. 

§ 3. In case the owner or occupant of lands shall not distrain the beast or 
beasts doing damage, as provided herein, the owner of such beast or beasts 
shall be liable, in an action at law, to the party injured, for all damages done 
by said beasts, without regard to the condition of the fences on such land, or 
the existence of any fence whatever. — Id. Sec. 3. 

HEED LAW FOE PAET OF DAKOTA COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine, owned by them, or of which they may have 
possession or control, to run at large upon the public highways or upon the 
lands of anv other person during any season of the year in the town of Marshan, 
county of Dakota.— Sp. L. 1879, 387, Sec. 1. 

§ 2. The owner or occupant of lands in [said town of Marshan (5) and in! sec- 
tions number 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, in town of Ravenna, 
county of Dakota, may distrain any and all beasts doing damage upon lauds in 

(a) Three separate acts, precisely alike as to their provisions, one each 
for Crow Wing, Daggett Brook, and Oak Lawn, are here consolidated under 
this title. 

{&) §§ 2 and 3 as here given are the same in substance as Sees. 2 and 3 
of the act of 1879 (substituting the town of Marshan in the same), and hence 
Sees. 2 and 3 of the act of 1879 are not repeated here. 



SPECIAL HEED LAWS. 109 

above named sections, so owned or occupied by him, without regard to the 
sufficiency of the fences or the existence of any fence thereon. And when any 
such distress shall b • made, as provided herein, the damages so done shall be 
appraised, and the beast or beasts so distrained shall be disposed of. and such 
action in the premises taken, as provided in the general statutes & r distraining 
beasts doing damage.— Sp. L. 1879, 387, Sec. 2, and Sp. L. 1878, 477, Sec. 1. 

§ 3. In case the owner or occupant of lands shall not distrain the beasts 
doiDg damage as provided herein, the owner of such beasts shall be liable in an 
action at law for all damage clone by such beasts, without regard to the suf- 
ficiency of the fences or existence of any fences on lands on which the damage 
was done.— Id. 478, Sec. 2. 

HEED LAW FOR DODGE, GOODHUE AND OTHER COUNTIES. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, or 
other domestic animals owned by them, or of which they may be in possession 
or have control, to run at large upon the public highways, or upon the land of 
any other person or persons during any season of the year, unless properly 
herded: provided, that tbe provisions of this section shall not apply to any 
portion of the state of Minnesota except the counties of Dodge, Goodhue, 
Watonwan, Martin, and Murray; provided, further, that a majority of the 
legal voters at any annual town meeting in the counties of Watonwan and Mur- 
ray mav, by resolution, allow such animals to run at large in their respective 
towns :" pro r ided, that in the town of Bowling Green, in Martin county, the 
legal voters thereof may, at any annual town meeting in said town, by a majority 
vote determine, that cattle, horses, and other domestic animals may run at 
large in said town from the 1st day of April to the loth of May, and from De- 
cember 1st to December 31st. in any year.— S/i. L. 1874, 320, Sec. l, as amended, 
Sp. L 1877, 285; Sp. L. 1878, 4t'.3, and as modified by Sp. L. 1879, 388, and Sp. L. 
1881. 883; Sp. L. 1883. 402. 

§ 2. The owners or occupants of lands may distrain all beasts doing dam- 
age upon his lands, lying and being in the counties and districts aforesaid, and 
when any such distress is made, the distrainer shall keep such beasts in some 
secure place, other than the public pound, until his damages are appraised, and 
within twenty-four hours after such distress, unless the same is made on Sun- 
day, in which case before the Tuesday morning thereafter, he shall apply to a 
justice of the peace of the town, who shall appoint three disinterested inhab- 
itants of such town to appraise the damage. Such appraisers shall receive, as 
compensation for their services, one dollar per day for every day actually con- 
sumed in making the appraisal, and six cents per mile as mileage in going to 
and returning from the place whence the damages are done, to be paid in the 
first instance by the distrainer, distance traveled and time spent to be certi- 
fied to and made a part of the returns of said appraisers — Id. 321, Sec. 2. 

§ 3. The appraisers shall, immediately after their appointment, be duly 
sworn, and repair to the place and view the damages done, and they may take 
the evidence of any person of the facts and circumstances necessary to enable 
them to asceriain the extent of such damage, for which purpose the appraisers, 
or either of them, are authorized to administer an oath to every such witness. 
— Id. Sec. 3. 

§ 4. Within twenty-four hours. Sunday excepted, after the damages are so 
appraised, unless the amount so ascertained and the fees of the appraisers, and 
fifty cents justice fees are paid, the distrainer shall cause the beasts distrained 
to be put in the nearest pound in the same town, if there is one, and if there is 
no pound within the town, then in some inclosure within the county, there to 
remain until the same are sold as hereinafter directed, or until the damages are 
certified, and the fees of the appraisers and justice and costs of keeping 
the beasts, are paid, and if such beasts are put in any pound, the distrainer 
shall deliver the certificate of the appraisers to the keeper of such pound. — 
Id. Sec. 4. 

§ 5. The poundmaster shall receive and keep the beasts so delivered to him 
in the public pound, and shall, within five days, sell such beasts, or so many of 
them as are necessary, at public vendue, giving at least three days' notice of 
such sale, by posting up the same at such pound and at three of the most pub- 
lic places within th- town, when and where such sale is to be made: provided, 
that the poundmaster, or the person keeping such beasts shall furnish them 
with sufficient and appropriate food, and take good care of such beasts and 
shall be paid therefor as part of the fees and costs in such cases.— Id. Sec. 5. 

§ 6. If there be no pound within the town where such beasts are distrained, 
and the same are kept in an inclosure other than the public pound, such beasts 
or so many of them as are necessary to pay all damages done by said beasts, 
together with all costs authorized 'by this chapter, shall be sold as soon as 
practicable at public vendue by or under the direction of the sheriff or any 
constable of the county, after like notice as is required in the case of consta- 
bles' sales of goods and chnttels taken by execution: provided, that any person 
who purchases any animal so sold shall keep the same for the period of two 
months, and any person who owns said animal may redeem the same within 
2P 



110 SPECIAL HERD LAWS. 

two months, by paying all costs and charges and the price at which such animal 
was sold, and interest at the rate of twelve per cent per annum : provided, 
further, that it the owner of such beasts is known to the person distraining, 
he shall notify the owner within twenty-four hours after such distraining, if 
such owner resides within the same town, and if such owner does not reside 
within the same town but in the same or adjoining county, then within three 
days after such distraining, Sunday always excepted, such notice shall 
specify the time when and place where such beasts are distrained, the number 
of such beasts, and that the" same are distrained for doing damage.- -Sp. L. 1874, 
321. 322, See. 6. 

§ 7. From the proceeds of such sales the person making the same shall 
retain sufficient to pay the amount of his fees, the cost of keeping such beasts, 
and the charge of such sale, and he shall pay to the distrainer the damages so 
certified, with fees of appraisers and of the justice, and if there is any surplus, 
the same shall be paid to the owner of such beasts if known. If no owner 
appears at the time of such sale, or within one week thereafter, and claims 
such surplus, the same shall be paid to the treasurer of the county in which 
such sale is made.— Id. 322. Sec. 7. 

§ 8. The county treasurer shall, after deducting two per cent for his fees, 
pay such surplus money, if claimed within one year after the distress, to the 
owner of such beasts, if not claimed within that time, to the school fund of 
that town in which the beasts were distrained.— Id. See. 8 

§ 9. If any person, without authority of law, and without first paying the 
damages and costs, takes such beasts after being distrained, out of the' posses- 
sion of the person making distress, or out of the possession of the sheriff, 
constable or poundmaster, as the case may be, without his consent, then such 
person shall be deemed to have committed a misdemeanor, and shall be pun- 
ished th< refor by fine not exceeding one hundred dollars, or by imprisonment 
not exceeding three months, and shall also be liable in double the amount of 
damages committed by such beasts, to the person injured thereby.— Id. Sec. 9. 

HEED LAW FOE DOUGLAS AND POPE COUNTIES. 

§ 1. Chapter 180, Special Laws 1881, extra session, page 198, provides that in 
the "counties of Douglas and Pope a majority of the legal voters in each town 
may determine by ballot, at the next annual town meetine, whether horses, 
mules, cattle, sheep and hogs, shall be permitted to run at large in such town." 
And if a majority of the voters in any town shall so vote for the running at 
large of the aforesaid animals, then they may run at large, subject to the pro- 
visions of the geueral laws of the state relating to animals doing damage; but 
if a majority of the voters in any town shall vote against the running at large 
of such animals, in that case they shall not run at large in such towns. In 
accordance with the act the voters in each county determined the question at 
the next annual town meeting as follows: 

Douglas County, "Against :" The towns of Alexandria, Hudson, Ida, Lake 
Marv, Miltona, Osakis, Solum, Urness. "In favor of horses, cattle, and mules :" 
Belle River, Brandon, Carlos, Evansville, Holmes City, Le Grand, Lund, 
Orauge. Spruce Hill. 

Pope County. "Against": The towns of Barsness. Ben Wade. Grove Lake, 
Hoff, Langbei, Waldt n, Westport. "In favor of horses and cattle:" Blue 
Mounds, Chippewa Falls, Gilchrist, Glenwood, Lake Johanna, Levan, New 
Prairie, Nora, Reno. Rolling Fork. 

HEED LAW FOE FILLMOEE COUNTY. 

§ l. It shall be unlawful for any person or persons to allow cattle, horses, 
mules, sheep, swine or other domestic animals owned by such person or per- 
sons having control of, or who may be in possession of the same, to run at 
large upon any of the public hijzhwavs or upon the lands of any other person 
or persons, in the county of Fillmore, in the state of Minnesota, during any 
season of the year, unless they are carefully herded.— <Sp. L. 1881, extra ses- 
sion. 201, Sec. 1. 

§ 2. The owner or owners or any person or persons having control or being 
in possession of any cattle, horses, mules, sheep, swine, or other domestic 
animals as aforesaid, shall be liable in an action at law for all damages done 
by such animals as aforesaid, without regard to any fence or the sufficiency of 
any fence or fences on the lands on which the damage is done.— Id. Sec. 2. 

§ 3 Any person being the owner or occupant of any lands or a pound- 
master of any town or incorporated city or village in said Fillmore county, 
may take up and distrain and be kn >wn as the distrainer of any cattle, horses, 
mules, sheep, swine or other domestic animals found running at larg a contrary 
to the provisions of this act: provided, that the person making distraint shall 
be at the time a resident of the town or adjoining town when such distraint is 
made, and the distrainer shall within twenty-four hours (Sundays excepted) 
after such distraint, cause the animals distrained to be impounded in the 
nearest pound either in the same or adjoining town, city or village, if there is 
one, and if none, then in some other pound within the county of Fillmore, and 



SPECIAL HEKD LAWS. 110a 

upon the delivery of such animals to the poundrnaster or other person receiv- 
ing such animals into such pound, the distrainer shall make out and deliver 
tosuch poundmaster or other person acting as such, a certificate containing a 
hrier description of the animals to be impounded, giving marks natural and 
tificial as near as practicable: the uame and residence of the distrainer, and 
t^j near as may be the time when the animals were distrained, and the value 
lereof, also the name of the owner of said animals if known to the distrainer; 
le amount of the distrainer's fees for distraining: and delivering said animals 
.-•» ) the poundmaster, which fees are as follows, viz. : For cattle, horses and 
•7 tules, ten cents each: for sheep, swine or other domestic animals, five cents 
lach, and the poundmaster's shall be as follows: For impounding and dis- 
» Charging cattle, horses and mules, twenty-five cents each; and tor sheep, swine 
r other domestic animals, ten cents each : and for care and feed of animals 
/hile impounded, to commence twelve hours after entering into or being 
f 5 - mpounded, twenty-five cents each per day for cattle, horses and mules, and 
\ k en cents each per day for each sheep, swine or other domestic animal: and 
'■' 'the distrainer may in case damage is done by animals distrained, within 
1 | wenty-f our hours (Sundays excepted) apply to a justice of the peace of the 
™» own or adjoining town, city or village, who shall appoint three disinterested 
^v nhabitants of such town where distraint is made to appraise the damages ; 
^j mch appraisers shall receive as compensation for their services one dollar per 
lay or fifty cents for each half clay actually consumed in makiug the appraisal, 
♦ md six cents per mile as mileage in going to and returning from the place 
^.vhere the damages are done, to be paid in the first instance by the distrainer. 
The appraisers after their appointment shall be duly sworn and repair to the 
^place and view the damages done, and they may take the evidence of any 
person of the facts necessary to enable them to ascertain the extent of such 
f lamage, for which purpose the appraisers or either of them, are authorized to 
V>idminister an oath to every witness. The appraisers shall ascertain and certify 
under their hands the amount of such damages and their fees for their serv- 
*"*"»ices, not exceeding one dollar per day, and deliver the same to the distrainer 
>» or poundmaster. which fees with those of the justice shall be a lien on said 
distrained animals until the same are paid; and if the owner or person con- 
trolling or in possession of any animals at the time they were distrained and 
impounded under the provisions of this act, shall appear and pay to the 
poundmaster all fees and charges against the same, within five days after said 
animals are impounded, then the poundmaster shall deliver over such animals 
to such owner or person having control of the same; but if no such owner ox- 
person shall so appear, then it shall be the duty of the poundmaster to keep 
and hold such animals subject to such further fees, costs and charges as may 
be incurred by reason of further proceedings in pursuance of the requirements 
of this act. And'the poundmaster shall then, within ten days, after the expira- 
tion of the five days hereinbefore named, for the appearance of the OM-ner or 
person controlling or entitled to possession of the same, proceed to give notice 
of the distraining or impounding of such animals by publication of such notice 
in some weekly newspaper published at the county seat of said county, for 
three weeks successively; the cost of such publication shall be added to the 
charges against such animals, and if at the expiration of such notice, (which 
notice shall embrace the certificate as required in the third section of this act, 
to be delivered by the distrainer to the poundmaster) If the owner or person 
entitled to the possession of any animal so impounded, has not appeared within 
two days after the expiration of the giving of said notice as heretofore pro- 
vided, and paid all proper charges and costs against the same, it is hereby 
made the duty of the poundmaster to cause such animals then remaining in 
the pound, to be appraised by a justice of the peace of his town or adjoining- 
town, city or village, which appraisal shall be certified to by such justice and 
within three days thereafter be filed in the town clerk's office of such town, 
and the distrainer shall pay to such justice of the peace fifty cents for such 
appraisement (and certificate), and six cents for every mile necessarily traveled 
in such service. The town clerk shall transmit by mail or otherwise forthwith 
to the register of deeds of Fillmore county, a certified copy of the published 
notice and description of the distrained animals on file in his office, for which 
certificate the town clerk shall receive the sum of twentv-five cents, to be 
advanced by the person distraining said animals, together with the fee of fifty 
cents, which fee shall be forwarded by the town elf rk to the register of deeds, 
with the notice aforesaid, and upon receipt of said notice and description with 
the fee accompanying it, the register of deeds shall cause the notice and des- 
cription to be recorded in a book in his office kept for that purpose, designated 
"estrav book." Provided, the register of deeds shall not be entitled to more 
than fifty cents for recording any estray notice or description, whether it 
includes a description of one or more animals. It shall be the duty of said 
register to answer all letters of inquiry addressed to him, provided such letters 
contain a postage stamp to pay postage on said answer.— Sp. L. 1881, extra 
session. 201, 202, 203, Sec. 3. 

§ 4. If the owner or person entitled to the possession of any distrained 
animal under the provisions of this act, shall appear at any time within one 



1106 SPECIAL HERD LAWS. 

year after the notice Is filed with the town clerk as aforesaid and make out his 
right thereto, he shall have such distrained animal or animals restored to him 
upon paying all lawful charges wiiich have been incurred in relation to the 
same, including keeping by the distrainer.— Sp. L. 1881. extra session, 203, Sec. 4. 

§ 5. If the owner or person entitled to the possession of any distrained 
animal under the provisions of this act, does not appear within two days after 
the riling of the notice and certiflcateof the justice of the peace, with the town 
clerk, the poundmaster shall deliver to the distrainer all animals impounded 
by said distrainer, taking his receipt for the same and a bond with sureties to 
be approved by said poundmaster, in double the amount of the value of said 
distrained animals; conditioned that said distrainer shall faithfully comply 
with all of the conditions of this act.— Id. Sec. 5. 

§ 6. If the owner or person entitled to the possession of any impounded 
animal under the provisions of this act, cannot agree with the impounder upon 
the amount of charges for the keeping or for the care of such animals, either 
party may make application to any justice of the peace of the town or adjoin- 
ing town, city or village, where such animals were impounded, to settle the 
same; and the party making such application shall give notice thereof to the 
other party, and if any amount shall be found due to the impounder by said 
justice over the value for the use of such animals, the same shall, together with 
the costs of the justice, be a lien on such animals until paid by the owner or 
person entitled to the possession of the same. — Id. 204, Sec. 6. 

§ 7. If the owner or person entitled to the possession of any animal or 
animals impounded under the provisions of this act, shall not appearand make 
out his right thereto and pay the charges thereon, within one year from the 
time the notice is filed with the town clerk as aforesaid, and if such 
animal or animals shall not have been appraised at a greater value than ten 
dollars, the impounder shall have a perfect title to the same; but if the ap- 
praisal of such impounded animal or animals shall have been adjudged to be 
more than ten dollars, such animals shall be sold at the request of the im- 
pounder of said animals, by any constable of the town or adjoining town, city 
or village at public auction", upon first giving public notice thereof in writing, 
by posting up the same in three of the most public places in said town, at least 
ten days before such sale: and the impounder may bid therefor at such sale; 
and after deducting all lawful fees and charges of the impounder as aforesaid, 
and the fees of the constable, which shall be the same as a sale on execution, 
the impounder shall deposit the remainder of the money with the treasurer of 
Fillmore county, taking a receipt therefor, which shall be a legal discharge of 
the impounder from all liability therefor.— Id. Sec. 7 

§ 8. If the money be not claimed within one year after the sale by the for- 
mer owner of said impounded animals, after the same was sold under the pro- 
visions of this act, the surplus shall be paid by the county treasurer to the 
school fund of said Fillmore county.— Id. Sec 8. 

§ 9. Any person claiming the ownership of any animal impounded under 
the provisions of this act, when the provisions of said act have been complied 
with, drives away any such animals or causes the same to be driven away from 
the place where the same is kept, without paying all legal charges and costs, 
shall be guilty of a misdemeanor, and, upon conviction before any justice of 
the peace having jurisdiction, shall be fined in double the sum of said charges 
and costs, and imprisoned in the county jail not less than ten nor more than 
thirty days.— Id. Sec. 9. 

§ 10. Anv person impounding any animals under the provisions of this act, 
who willfully fails or willfully neglects to comply with the provisions of this 
act. shall be subject to a fine of not less than ten or more than one hundred 
dollars, and imprisonment in the county jail not less than five or more than 
thirty days, and shall be precluded from all claims to compensation for keep- 
ing or fees under the provisions of this act, and the town clerk and register of 
deeds shall be subject to a like fine for refusal or neglect to comply with their 
duties, under the provisions of this act.— Id. 204, 205, Sec. 10. 

GOODHUE COUNTY— See Dodge County, pp. 109, 110. 

HERD LAW FOR GRANT COUNTY. 

§ l. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine, owned by them, or of which they may 
have possession or control, to run at large upon the public highways, or upon 
the lands of anv other person, during any season of the vear, unless properly 
herded— Sp. L. 1881, 887, Sec. 1. 

§ 2. Any person or persons who shall violate or ueglect the provisions of 
the first section of this act, shall be liable for all damages that may occur in 
consequence of the trespass of such animal or animals.— Id. Sec. 2. 

§ 3. The provisions of this act shall apply to the whole of Grant County.— 
hi. Sec. 3. 



SPECIAL HEED LAWS. 110c 

HERD LAW FOE HENNEPIN COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, sheep, swine, or other domestic animals, owned by such person or per- 
sons, or of which such person or persons have control, or may be in possession, 
to run at large upon any public highway, or upon the lands of any other person 
or persons in the county of Hennepin, state of Minnesota, during any season 
of the year, unless such animal or animals are properly herded.— Sp. Z.1881, 

§ 2. Any person or persons who shall violate or neglect to comply with the 
provisions of the forego ng section, shall be liable for all damages that may 
occur in consequence of the trespass of such animal or animals, and be deemed 
guilty of a misdemeanor, and upon conviction thereof before any justice of the 
peace having jurisdiction, shall pav a fine of not less than two dollars, nor 
more than ten dollars.— Id. Sec. 2, as amended, Sp. L. 1883, 399, 400. 

HERD LAW FOR PART OF HOUSTON COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine, or other domestic animals, owned by such person or persons or 
of which such person or persons have control, or who may be in the possession 
of the same, to run at large upon any of the public highways, or upon the 
lands of any other person or persons, in the county of Houston, in the state of 
Minnesota," during any season of the year, unless they are caiefully herded.— 
-Sp. L. 1881, 885, Sec. 1. 

§ 2. The owner or owners, or any person or persons having control or hav- 
ing in possession, of any cattle, horses, sheep, swine, or other domestic ani- 
mals, as aforesaid, shall be liable in an action at law for all damages done by 
such animals, without regard to any fence, or tliv sufficiency of any fence or 
fences on the lands on which the damage is done. The provisions of this act 
shall apply only to the township of Blackhammer of said Houston county.— 
Id. Sec. 2. ' 

HERD LAW FOR JACKSON COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle or 
other domestic animals, owned or controlled by him or them, to go upon the 
lands of any other person or persons, within the county of Jackson in this 
state, without lawful authority from the owner or person in possession of such 
land.— Sp. L. 1879, 391, 392. 

HERD LAW FOR PART OF EANDIYOHI COUNTY (a). 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
mules, shepp or swine, owned by such person or persons, or of which such per- 
son or persons have control, to run at large upon any highway or upon the 
lands of any other person or persons, in township one hundred and twenty- 
two north, of range thirty-six west, in the county of Kandiyohi, state of Min- 
nesota, during the months of May, June, July, August, September and October 
in any year.— Sp. L. ]889, 1147, 1148, Sec. 1. 

■ § 2. Any person or persons who shall violate or neglect the provisions of 
section one' of this act, shall be liable for all damages that may be caused in 
consequence of the trespass of such animal or animals.— Id,. 1148, Sec. 2. 

§ 3.' The owner or occupant of any land or lands in said township may dis- 
train all beasts doing damage thereon without regard to the sufficiency of the 
fences thereon ; and when any such distress shall be made, the damages may be 
.appraised and the beast or beasts disposed of and such action in the premises 
taken as is prov ded in the general statutes for distraining beasts doing 
.damage.— Id. Sec. 2. 

Kittson county.— See Marshall County, p. HOcZ. 
.' . lac qui parle county.— See Lyon County, p. 110c?. 

HERD LAW FOR PART OF LE SUEUR COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine, or other domestic animals, owned by such person or persons, or 

• of which such person or persons have control, or may be in possession, to run 
'.at large upon any h ghway, or upon the lands of any other person or persons, 
.■in that portion of the town of WateTville lying south of Lake Sakatah, the 

Cannon River, and Lake Tetonka, in the county of Le Sueur and state of Min- 

• nesota, during any season of the year, unless they are properly herded —Sp. I. 
1883, 399, Sec. 1. • - 

... , §2. Any person or persons who shall violate or neglect the provisions of 
: the first section of this act shall be liable for all damages that may be caused 
in consequence of the trespass of such animal or animals.— Id, Sec. 2. 

r ; ,.-• (a) This act is to be submitted to the legal voters of said town for rejec- 
tion or approval at the next annual town meeting after the passage of this act. 
— Sp, L. 1889, 1148, Sec. 4. 



UOd SPECIAL HERD LAWS. 

HERD LAW FOE LYON, EEDWOOD, AND OTHER COUNTIES. 

§ 1. It shall be unlawful for any person or persons to allow any horses. 
cattle or sheep by htm or them owned, or which may be In his or their posses- 
sion, or under his or their control, to run at large upon the public highways, or 
upon the lands of any other person, at any season of tin year, within the 
counties of Lvon, lied wood, Martin, Yellow Medicine and Lac qui Parle.— Sp. L. 

1874. 823, sec. I. 

$ 2. Whoever willfully or negligently permits any bull, ox, steer, cow, 
heifer, calf, horse, sheep or lamb, which may be in his possession or under his 
control, or which he may own, to run at large upon any public highway, or 
upon any land occupied or improved, within either of the counties mentioned 
in the preceding section, shall be guilty of misdemeanor, and upon conviction 
thereof shall pay a fine of not less than one dollar and not to exceed the sura of 
five dollars for each offense.— Ad. Sec. 2. 

§ 3. Each day upon which any animals in the preceding section mentioned, 
is permi ted to run at large in the places, and under circumstances in said sec- 
tion enumerated, shall constitute a distinct and separate offense within the 
meaning of this act.— Id. Sec 3. 

HERD LAW FOR MACLEOD COUNTY. 

§ 1. That it shall be unlawful for any person or persons to allow any cat- 
tle, horses, mules, asses, sheep or swine, owned by them or of which they may 
have possession or control, to run at large upon the public highways, or upon 
the lauds of any other person, during any season of the year, in the county of 
McLeod, unless carefully herded.— Sp. L. 1885, 537, Sec. 1. 

§2. The owner or occupant of any land or lands in said county may 
distrain any and all beasts doing damage thereon, without regard to the suffi- 
ci<ncyof the fences thereon, or the existence of any fence whatever; and 
when any such distress shall be made, the damages may be appraised and 
the beast or beasts disposed of, and such action in the premises taken as is 
provided in the general statutes for distraining beasts doing damage.— Id. Sec. 2. 

§ 3. In case the owner or occupant of lands shall not distrain the beast or 
beasts doing damage, as provided herein, the owner of said beast or beasts 
shall be liable in an action at law to the party injured for all damages done by 
said beasts, without regard to the condition of the f ances on said lands, or the 
existence of any fence whatever.— Id. Sec. 3. 

HERD LAW FOE MARSHALL AND KITTSON COUNTIES. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, sheep or swine, owned by such person or persons, or of which 
such person or persons have control or may be in possession, to run at large 
upon any public highway, or upon the lands of any other person or persons in 
the counties of Marshall or Kittson, in this state, during any season of the 
year, unless they are carefully herded.— Sn. L. 1871). 387, See. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act s all be liable for all damages that may occur in- 
consequence of the trespass of such animal or animals.— id. Sec. 2. 

martin county. —See Dodge and Lyon counties, pp. 100. llOd. 
herd law foe meeker county.— See note b, page 104. 

HERD LAW FOR MOWEE COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, sheep, swine or other domestic animals larger than sheep, owned by 
such person or persons, or of which such person or persons have control or 
mar he in possession, to run at large upon any public highway or upon the 
lands of any other person or persons, in the county of Mower (a), state of 
Minnesota — S/,. L 1876, 241, Sec. 1. 

§ 2. Any person or persons who shall violate the provisions of the above 
section of this act shall be liable for all damages that may ensue in conse- 
quence of the trespass of such animal or animals, and the owner or occupant 
of land in said Mower county may distrain all animals doing damage upon his 
land in said county, and when any such distress ismade, the distrainer shall 
keep such animals in some secure place other than the public pound until his 
damages are appraised, and within twenty-four hours after such distress is 
made, unless the same is made on Saturday or Sunday, in which case before the 

(a) G. L. 1875, 153, Sees. 1, 2, prohibit the running at large of cattle, etc., in 
Mower county (except in the town of Lansing). The legislature of 1876 passed 
an aco March 2, 1876, (Special Laws 1876, 243), amending section two of G. L. 

1875, 153. On the 4th day of March. 1876, the legislature passed another act 
amending both the acts of 1875, and that of March 2, 1876, so as to make sections 
one and two read as above given, and adding the seven additional sections also 
here given. 



SPECIAL HEED LAWS. 110e 

Tuesday morning thereafter, he shall apply to a justice of the peace of the 
town where such distress is made, who shall immediately appoint three disin- 
terested inhabitants of such town to appraise the damages; such appraisers 
shall receive as compensation for their services one dollar per c'a'. T for every 
■day actually consumed in making the appraisal, and six cents per mile as mile- 
age in going to and returning from the place where the damages are done, to be 
paid in the tirst instance by the distrainer, distance traveled and time spent 
to be certified to and male a part of the returns of said appraisers to said 
justice of the peace.— Sp. L. 1876, 211, Sec. 2. 

§ 3. Such distress may be made af. any time before such animals doing 
■damage as aforesaid escape from said land and without regard to the sufficiency 
of the fences thereon — Id. Si'c. 3. 

§ 4. The appraisers shall immediately after their appointment be duly 
sworn and repair to the place and view the damages done, and they may take 
the evidence of any person of the facts and circumstances necessary to enable 
them to ascertain the extent of such damage, for which purpose the appraisers 
•or either of them, are authorized to administer an oath to every such witness, 
and the appraisers shall ascertain and certifv to said justice under their hand 
the amount of such damase, together with their fees for said services— Td. Sec. 4. 

§ 5. Within twnty-four hours. Sunday excepted, after the damages are so 
appraised, unless the amount so ascertained and the fees of the appraisers and 
fifty cents justice fees are paid, the distrainer shall cause the animals dis- 
trained to be put in the nearest pound, in the same town if there is one, and if 
there is no pound within the town, then in same [some] inclosure within the 
countv, there to remain until the same are sold as hereinafter directed, or 
until the damages so certified and the fees of the appraisers and justice and 
costs of keeping such animals are paid; and if such animals are put in any 
pound, the distrainer shall deliver a copy duly certifier! by said justice, of the 
certificate of the appraisers to the keeper of such pound. — Td. 242, Sec. 5. 

§ 6. The poundmaster shall receive and keep the animals so delivered to 
him in the public pound, shall furnish them with sufficient and appropriate 
food and drink, and take good care of such animals, and shall receive a reason- 
able compensation therefor from the distrainer in the first instance, who shall 
charge the same as part of the fe^s and costs against said animals, and said dis- 
trainer shall cause said animals so distrained to be sold at public vendue by 
the sheriff or any constable of the county as soon as practicable after giving 
like notice as is required in the case of constable sales of goods and chattels 
taken by execution: provided, that the owner of such animals may redeem 
said animals from such sale within two months from the flay of such sale by 
paying the purchaser the price he paid tor the same at such sale, and twelve 
per cent interest per annum thereon and the reasonable expense of keeping 
such animals since the said sale. — Td. Sec. 6. 

§ 7. From the proceeds of such sale the sheriff or constable making the 
same, shall retain sufficient to pav the amount of his fees, an i shall pav to the 
distrainer the damages so certified, with fees of the appraisers, and of the 
justice, the cost of keeping such animals, fees of the poundmaster, and such 
other expenses and costs which the distrainer may be entitled to, and if there 
is any surplus, the same shall be paid to the owner of such animals, if known; 
if no owner appears at the time of such sale or within one week thereafter and 
claims such surplus, the same shall be paid by the sheriff or constable to the 
treasurer of the county in which such sale is made. — Td. See. 1. 

§ S. The county treasurer shall, after deducting two per cent for his fees, 
pay such surplus money, if claimed within one year after the distress, to the 
owner of such animals; if not claimed within that time to the school fund of 
that town in which tbe animals were distrained. — Td. Sec. 8. 

§ 9. If any person without the authority of law and without first paving 
all the damages and costs as above provided, take such animals after being dis- 
trained, out of the possession of [the person making distress or! out of the 
possession of the sheriff, constable or poundmaster. as the case may be, with- 
out his consent, then such person shall be deemed to have committed a misde- 
meanor, and shall be punished therefor by fine not exceeding one hundred dol- 
lars, or bv imprisonment in the county jail not exceeding three months, and 
shall also be liable in double the amount of damages committed by such animals 
to the persons injured therebv; provided, nothing herein contained shall apply 
to the towns of Lansing and Leroy, in said county of Mower (a).— Id. Sec. 9. 

{a) The legislature of 1879 passed an act amending section 2. chapter 171, 
"Sp. Laws 1876, passed March 2, 1876. which bad been repealed by the act of 
March 4, 1876, referred to in note {a) page llOd of this manual. The section as 
ani'nded reads: "Any person or persons who shall violate or neglect the pro- 
visions of the first section of the general laws of 1875, chapter 124 shall be liable 
for all damages that mav ensue in consequence of the trespass of such animal 
or animals.— Sn. L. 1879. 392 An act passed. al«o, Feb. 8. 1879, t • amend sec. 2, 
chap. 162. special laws 1876— a chapter which does not relate to the same subject 
matter.— Sp. L. 1879, 389. 



110/ SPECIAL HERD LAWS. 

Murray county— See Dodge County, pp. 109, 110. 

HERD LAW FOR NICOLLET COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine or other domestic animals, owned by such person or persons, or 
of which such person or persons have control, or may be in possession, to run 
at large upon any highway, or upon the lands of any other person or persons 
in the county of Nicollet, in the state of Minnesota, during any season of the 
year, unless they are carefully herded.— Sp. L 1879, 389, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable for all damages that may ensue in 
consequence of the trespass of such animal or animals.— id. Sec- 2. 

HERD LAW FOR OLMSTED COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine or other stock owned by such person or persons, or of which they 
have control, to run at large upon the public highways, or upon the lands of 
any other person, during any season of the year, in the county of Olmsted, state 
of Minnesota, unit ss carefully herded.— Sp. L. 1879. 388, Sec. 1. 

§ 2. It shall be lawful for any freeholder or farm tenant in said county find- 
ing such cattle, horses, sheep, swine or other stock, running at large in viola- 
tion of any of the provisions of this act, to immediately take the same to the 
nearest public pound, where they shall be impounded, subject to all the pro- 
ceedings now provided by law.— Id. Sec. 2. 

§ 3. Any person or persons violating any of the provisions of the first sec- 
tion of this act, shall be subject to a fine not exceeding five dollars, and all 
reasonable damages, as provided by law.— Id. Sec. 3. 

HERD LAW FOR OTTER TAIL COUNTY. 

§ 1. It shall be unlawful for any persons to allow cattle, horses or other 
domestic animals owm d by them, or of which they may be in possession, or 
have control, to run at large upon the public highways or upon the land of any 
other person or persons, during any sc ason of the year, unless properly herded : 
provided, that the provisions of this section shall not apply to any portion of 
the state of Minnesota, except the county of Otter Tail; and all former acts 
concerning the herd law of Otter Tail county be hereby repealed : provided, 
further, that the pr' visions of this act shall not apply to any township in said 
county which has already elected or hereafter shall elect, at any town meeting, 
to permit cattle to run at large; and any township which shall have so elected, 
may rescind such action by a majority vote of the electors of such township 
present and voting at any town meeting held therein, and such township shall 
thereafter be governed by the provisions of this act, and until otherwise deter- 
mined by a subsequent election.— (4. L. 1889, 1030. Sec. 1. 

§ 2. The owners or occupants of lands may distrain all beasts doing dam- 
age upon his lands lying and being in the county of Otter Tail, without regard 
to any fence or the sufficiency of any fence or fences on the lands on which the 
damage is done; and when any such distress is made, the distrainer shall 
keep such beasts in some secure place other than the public pound, until his 
damages are appraised, and v ithin twenty- four hours after such distress, unless 
the same is made on Sunday, in which case before the Tuesday morning there- 
after, he shall apply to a justice of the peace of the town, who shall appoint 
three disinterested inhabitants of such town to appraise the damage. Such ap- 
praisers shall receive as compensation for their services one dollar per day 
for every day actually consumed in making the appraisal, and six cents per 
rnile as mileage in going to, and returning from the place whence the damages 
are done, to be paid in the first instance by the distrainer, distance traveled and 
time spent to be certified to and made a part of the returns of said ai nraisers. 
—Id. Sec. 1. 

I 3. The appraisers shall immediately after their appointment be duly 
sworn and repair to the place and view the damages done, and they may take 
the evidence of any person, of the facts and circumstances necessary to enable 
them to ascertain the extent of such damage, for which purpose the appraisers, 
or either of them, are authorized to administer an oath to every such witness. 
— Id. Sec. 3. 

§ 4. Within twentv-four hours, Sundays excepted, after the damages are 
so appraised, unless the amount so ascertained and the fees of the appraisers, 
and fifty cents justice fees are paid, the distrainer shall cause the beasts dis- 
trained to be put in the nearest pound in the same town, if there is one, and if 
there is no pound within the town, then in some inclosure within the county, 
thereto remain until the same are sold as hereinafter directed or until tie- 
damages are c< rtified and the fee^ of the appraisers and justice and costs of 
keeping the beasts are p»id: and if such beasts are put in any p>ound. the dis- 
trainer shall deliver the certificate of the appraisers to the keeper of such 
pound.— Id. 1030, 1031, Sec. 4. 

5 5. The pound master shall receive and keep the blasts so delivered t» 



SPECIAL HEED LAWS. 110? 

him in the public pound and shall within five days sell such beasts or so many 
of them as are necessary, at public vendue, giving at least three days' 
notice of such sale by posting up the same at such pound and at three of the 
most public places within the town, when and where such sale is to be made: 
provided, that the pound master or the person beeping such beasts shall 
furnish them with sufficient and appropriate food and take good care of such 
beasts, and shall be paid therefor as part of the fees and costs in such ca-es.— 
G. L. 1889, 1031, Sec. 5. 

§ 6. If there be no pound within the town where such beasts are distrained 
' and the same are kept in an inclosure other than the public pound, such beasts 
or so many of them a? are necessary to pay all damages done by said beasts 
together with all costs authorized by tins chapter shall be sold as soon as prac- 
ticable at public vendue by or under the direction of the sheriff or any con- 
stable of the county after like notice as is required in the case of constables' 
sales of goods and chattels taken by execution: provided, that any person who 
purchases any animal so sold shall keep the same for the period of two months, 
and any person who owns said animal may redeem the same within two 
' months by paying all costs and charges and the price at which such animal was 
. sold and interest^at the rate of ten per cent per annum : provided farther, that 
if the owner of such beasts is known to the person distraining he shall notify 
the owner within twenty-four hours after such distraining, if such owner re- 
sides within the same town, and if such owner does not reside within the same 
town but in the same or adjoining county, then within three days after such 
distraining, Sundays always excepted, such notice shall specify the time and 
place where such beasts are distrained, the number of such beasts, and that 
the same are distrained for doing damage.— Id. Sec. 6 

§7. From the proceeds of such sales, the person making the same shall 
retain sufficient to pay the amount of his fees, the cost of keeping such Leasts, 
and the charge of such sale; and he shall pay to the distrainer the damages so 
certified, with fees of appraisers and of the justice, and if there is any surplus, 
the same shall be paid to the owner of such beasts, if known. If no owner ap- 
pears at the time of such sale, or within one week thereafter, and claims such 
surplus, the same shall be paid to the treasurer of the county in which such 
sale is made.— Id. Sec. 7. 

§ 8. The county treasurer shall, after deducting two per cent for his fees, 
pay such surplus money, if claimed within one year after the distress, to the 
:owner of such beasts, if not claimed within that time, to the school fund of that 
town in which the beasts were distrained.— Id. 1031, 1032. Sec. 8. 

§ 9. If any person without authority of law and without first paying the 
damages and costs, takes such blasts after being distrained, out of the posses- 
sion of the person making distress, or out of the possession of the sheriff, con- 
stable or poundm ister, as the case may be, without his consent, then such per- 
son shall be deemed to have committed a misdemeanor and shall be punished 
therefor by fine not exceeding one hundred dollars or by imprisonment not 
exceeding three months, and shall also be liable in double the amount of dam- 
ages committed by such beasts to the person injured thereby.— Id- Sec. 9. 

pope county— See Douglas County, p. 110. 
eedwood county— See Lyon County, p. liOrf. 

HEED LAW FOE KENVILLE COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine or other domestic animals, owned by such person or persons, or 
of which such person or persons have control, or may be in possession, to run 
at large upon any public highway, or upon the lands of any other person or 
persons, in the county of Renville, in the state of Minnesota, during any 
.season of the year, unless they are carefully herded..— Sp. L. 1878, 480, Sec. 1. 
; §2. Any person or persons who shall violate or neglect the provisions of 
the' first section of this act, shall be liable for all damages that may ensue in 
consequence of the trespass of such animal or animals.— Id. Sec. 2. 

HEED LAW FOE EICE COUNTY. 

''■■ § 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine, owned bv such person or persons, or of 
which such person or persons have control or may be in possession, to run at 
large upon any public highway, or upon the lands of any other person or per- 
sons, in the county of Rice, state of Minnesota, during any season of the year. 
^Sp. L. 1878, 476, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable for all damages that may occur in 
t^Orisequence of the trespass of such animal or animals: provided, nothing 
herein contained shall apply to cattle in that part of the township of Morris- 
town lying north of the Cannon River, in said county of Rice.— lb. Sec. 2. as 
urhended, Sp. L. 1879, 385. 



110A SPECIAL HEED LAWS. 

HEED LAW FOE SIBLEY COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, asses, sheep or swine, owned by such person or persons, or of 
which such person or persons have control or may be in possession, to run at 
large upon any public highway or upon the lands of any other person or per- 
sons, in the county of Sibley, state of Minnesota, during any season of the 
year, unless thev are carefully herded.— Sp. L. 1877, 286, Sec. 1, as amended, 
Sp. L. 1878, 481. Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall be liable for all damages that may occur in 
consequence of the trespass of such animal or animals: provided', that the 
provisions of this act shall apply to the county of Siblev, in the state of 
Minnesota, only.— lb. 482, Sec. 'k 

HEED LAW FOE STEVENS COUNTY. 

§ 1. Each and every town in Stevens county, Minnesota, is authorized, in 
the manner hereinafter provided, to determine when cattle, horses, mules, 
asses, swine and sheep shall be permitted to go at large.— Sp. L. 1889, 916, Sec. 1. 

§ 2. Upon the filing with the clerk of any of said towns a petition of any 
ten persons residing in any of said towns, asking that a special meeting of 
the legal voters of such town shall be called for the purpose of determining 
the time during each year when cattle, horses, mules, asses, swine and sheep 
shall be permitted to run at large in such town, or that such question be 
considered at the next general election thereafter, the clerk of such town shall 
fix a time within thirty davs after the filing of such petition, when a special 
election will be held to consider the subj ct of said petition, and shall at least 
ten days before the time set for such special election, and, in case of a general 
election, ten days before that, give notice of such election by posting one copy 
thereof in at least three public places in such town; which notice shall set 
forth the fact that the question of fixing the time when cattle, horses, mules, 
asses, swine and sheep shall be permitted to run at large in such town, and the 
time when and place where such election shall be held; and the vote shall be 
taken in the same manner that other votes are taken at town elections.— Id. 
Sec. 2. 

§ 3. A majority of those exercising the right of franchise at anv such 
election held of any said towns shall determine when the ca tie, horses, 
mules, asses, swine and sheep shall be permitted to run at large in said town; 
and the decision arrived at by such majority, shall thereafter, until changed 
in like manner as created, be the law in such town.— Id. Sec. 3. 

HEED LAW FOE SWIFT COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, asses, mules, sheep or swine owned by such person or persons, or of 
which such person or persons have control, or may be in possession of, to run 
at large on any public highway or upon the lands of any other person or per- 
sons in the county of Swift, state of Minnesota, during any season of the year, 
unless such animal or animals are carefully herded.— Sp. L. 1^78, 479, Sec 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act. shall be liable for all damages that may occur in 
consequence of such animal or animals.— Id. Set: 2. 

Sec. 3 provides that this act shall take effect January 1st, 1879, providing, 
however, that the voters should at the general election in November. 1878, vote 
in favor of the foregoing act. At that election the proposition prohibiting ani- 
mals running at large received a majority of 377 votes in its favor.— (See Sp. L. 
1879, 391; 1881, 886; 1883, 403; 1885, 477; 1887, 960 ) 

HEED LAW FOE TEAVEESE COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow cattle, horses, 
sheep, swine, or other domestic animals, owned by such person or persons, or 
of which such person or persons have control, or may be in possession, to run 
at large upon any highway, or upon the lands of any other person or persons 
in the county of Traverse, in the state of Minnesota, during any season of the 
year, unless they are carefully herded. — Sp. L. 1881, 882, Sec. 1. 

§ 2. Any person or persons who shall violate or neglect the provisions of 
the first section of this act, shall bs liable for all damages that may ensue in 
•consequence of the trespass of such animal or animals.— Id. Sec. 2. 

HEED LAW FOE WASHINGTON COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, sheep or swine, or other domestic animals, of which they are 
the owners, or of which they have the control, to run at large upon any public 
highway, or upon the lands" of another within the county of Washington, in 
this state. Such running at large shall be ard constitute a trespass, and such 
running at large of each and every of said animals shall be and constitute a 
distinct and separate trespass, and a distinct and separate offense under this 
act.— Sp. L. 1885, 519, 520, Sets. 1. 



SPECIAL HERD LAWS. llOt 

§ 2. Every such trespass and each and every violation of any of the pro- 
visions of this act. shall be and constitute a misdemeanor, and, upon convic- 
tion thereof, the person so offending shall he punished by fine not exceeding 
one hundred dollars.—^. L. 18*5, 520, Sec. 2. 

§ 3. Any i erson may. and every sheriff, constable and police officer shall, 
distrain and impound all such animals so running at large, and \vh -n so 
impounded, such proceedings shall be had therein as are provided by the 
general laws of this state, save as herein p ovided.— Id. Sec. 3. 

§ i. The owner or occupant of any property may distrain all beasts doing 
damage upon such property, and shall keep such beasts in some secure place, 
other "than the public pound, until bis damages are appraised: and within 
twenty-four hours after such distress, unless the same is made on Saturday 
or Sunday, in which case before the Tuesday morning thereafter, he shall 
apply to a judge of the municipal court or a justice of the peace of auy town 
in the county aforesaid, who shall appoint three disinterested inhabitants of 
such town, city, or village, where the distress is made, to appraise the dam- 
ages; such appraisers shall receive as compensation for their services one 
dollar per day for every day actually consumed in making the appraisal, and 
six cents per mile as mileage in going to and returning from the place where 
the damages are done, to be paid in the first instance by the distrainer, dis- 
tance traveled and time spent to be certified to and made part of the returns 
of said appraisers.— Id. Sec. i. 

§ 5 The appraisers shall, immediately after their appointment, be duly 
sworn, and repair to the place and view the damages done, and they may take 
the evidence of any person of the facts and circumstances necessary to enable 
them to ascertain the extent of such damages, for which purpose the apprais- 
ers or either of them, are authorized to adminster an oath to every such 
witness.— Id. Sec. 5. 

§ 6. The a praisers shall ascertain and certify, under th°ir hands, the 
amount of such damages, with fees for their services not exceeding one dollar 
per day. — Id. Sec. 6. 

§ 7. Within twentv-four hours, Sunday excepted, after the damages are so 
appraised, unless the amount so ascertained and the fees of the appraisers 
and fifty cents justice fees are paid, the distrainer shall cause the beasts so 
distrained to be put in the nearest pound in the same town, if there is on", and 
if there is no pound within the town, then in some other inclosure within the 
county, there to remain until the same are sold as hereinafter directed, or until 
the damages so certified and the fees of the appraisers and justice fees and 
costs of keeping such beasts are paid, and if such bea t- are put in any pound, 
the distrainer shall deliver the certificate of the appraisers to the keeper of 
such pound — Id. -Sec. 7. 

§ 8. The poundmaster shall receive and keep the blasts so delivered to 
him in the public pound, and shall, within five days, sell such beasts, or so 
many of them as are necessary, at public vendue, giving at least three days' 
notice of such sale, by posting up the same at such pound, and at three of the 
most public places in said town, when and where such sale is to be made: 
provided, that the poundmaster. or the person keeping such beasts, shall fur- 
nish them sufficient and apprc priate food, and take good care of such 
beasts, and shall be paid therefor as part of the fees and costs in such cases. — 
Id. 520. 521, Sec. 8. 

§ 9. If there is no pound within the town, city or village where such beasts 
are distrained, and the same are kept in an inclosure other than the public 
pound, such beasts, or so many of them as are necessary to pay all da i ages 
•done by said beasts, together with all costs authorized by this chapter, shall 
be sold as soon as practicable, at public vendue, by or under the direction of 
the sheriff or any police officer or constable of the county, after the like notice 
[as] is required in the case of sheriffs' sales of goods and chattels taken by 
«xecution: provided, that any person who purchases any animal so sold shall 
keep the same for the period of two months, and any person who owns said 
animal may r deem the same within the said two months, by paying all costs 
and charges and the price at which such animal was sold, and interest at the 
Tate of ten per c^nt per annum.— Id. 521, Sec. 9. 

§ 10. From the proceeds of such sale the person making the same shall 
retain snfficent to pay the amount of his fees, th3 cost of keeping such beasts 
and the. charges of such sale; and he shall pay to the distrainer the damages so 
certified, with the fees of the appraisers and of the court, and if there is any 
surplus, the same shall be paid to the owner of the beasts, if known. If no 
owner appears at the time of such sale, or within one week thereafter, and 
-claims such surplus, the same shall be paid to the treasurer of the county in 
which such sale is made. — Id. Sec. 10. 

§ 11. The county treasurer shall, after deducting two per cent for his fees 
pay such surplus money, if claimed within one vear after the distress, to the 
owners of such beasts; if not claimed within that time, to the school fund of 
that town in which the beasts were distrained.— Id. Sec. 11. 

§ 12. Iu case the owner or occupant of land shall not distrain the beasts 



lWj SPECIAL HEED LAWS. 

doing damasre, as provided herein, the owner of such beasts shall be liable in 
an action at law for all damages done by such beasts.— Sp. L. 1885, 521. Sec. 12. 

§ 13. If any person or persons, without the authority of law, and without 
first paying the damages and costs, takes such beasts, after being distrained, 
out of the possession of the person making distress, or out of the possession 
of the sheriff, constable or poundmaster, as the case may be. without his con- 
sent, then such person shall be deemed to have committed a rnisdem' anor, and 
shall be punished therefor by a fine not exceeding one hundred dollars, or by 
imprisonment not exceeding three months, and shall also be liable, in double 
the amount of damages committed by such beasts, to the person injured 
thereby. This act shall not apply to the town of Forest Lake (a) in saidcountv. 
— Id. Sec. 13, as amended, Sp. L. 1889, 1149. 

HERD UW FOB PART OF WILKIN COUNTY. 

§ 1. It shall be unlawful for any person or persons to allow any cattle, 
horses, mules, sheep or swine owned by such person or persons, or of which 
such person or persons have control or may be in possession, to run at large 
upon public highways, or upon the lands of any other person or persons in the 
first and second commissioner districts, and townships 133 and 134, of range 
45. and townships 135 and 136. of range 46. in the county of Wilkin, state of 
Minnesota, during anv season of the vear, unless they are carefully herded.— 
Sp. L. 1879, 386, Sec. 1, as amended, Sp. L. 1879, 385. 

watonwan county.— See Dodge County, pp. 110, 111. 

HERD LAW FOR WINONA COUNTY. 

§ 1. It shall be unlawful for any person or persons, partnership or corpora- 
tion, to allow any cattle, horses, mules, asses, sheep or swine, owned by them, 
or of which they have the charge, custody or control, to run at large upon the 
public highways or upon the lands of any other person or persons in the county 
of Winona. All acts and parts of acts, special or general, inconsistent with this 
act are hereby repealed.— #£. L. 1881, 883, 884. 

yellow medicine county.— See Lyon County, p. 110c?. 
VII.— POUNDMASTEKS' DUTIES AND RESPONSIBILITIES. 

\ 28. Potjndmasters' fees.— The poundmaster is allowed the 
fees, to-wit: For taking into pound, and discharging therefrom, 
any horse, ass, or mule, and all neat cattle, ten cents each. For 
every sheep or lamb, three cents each ; and for every hog, large or 
small, five cents ; and twenty cents for keeping each head twenty- 
four hours in pound. And the poundmaster has a lien on all 
such animals for the full amount of his legal charges and expenses^ 
and shall be entitled to the possession of such animals until the 
same are paid ; and if the same are not paid, and said animals 
removed, within four days after they are so impounded, the said 
poundmaster shall give notice, by posting the >anie in three of the 
most public places in said town, that said animals (describing 
them) are impounded, and that, unless the same are taken away 
and fees paid within fifteen days after the date of such notice, he 
will sell the same at public vendue, at the place Avhere the town 
meetings of said town are usually held ; and on the day designated 
in such notice the said poundmaster shall expose the said animals 
for sale, and sell the same to the highest bidder in cash, for which 
services he shall receive two per cent of the purchase money for 
each animal. Out of the money realized from said sale, the said 
poundmaster shall deduct all his legal fees and charges, and pay 
the balance, if any, to the chairman of the town supervisors, at 
the same time giving to said supervisors an accurate description of 
the animals sold, and the amount received by him for each animal, 
and shall take a receipt and duplicate therefor, and file one of them 
with the town clerk: provided, that the said supervisors shall at 
any time within six months, upon sufficient proof from the owner of 
any animal so sold, pay to said owner the balance due as received 

I (a) The act passed March 1. 1889, exempted Forest Lake and Marine from 

the provisions of this act. but a later act of April 3, 1889. restores the town of 
Marine to the full force and effect of the foregoing herd law,, 



POUNDMASTER' S DUTIES. HOfe 

from the said pound master ; but if said mouey is not claimed 
within that time, then the sum so received shall be retained for the 
use of said town.— G. S. 178, 179. § 87. 

% 29. Responsibility of poundmaster. — The responsibility 
•of a^poundmaster or keeper of a public pound is similar to that of 
a sheriff or a constable, having the custody of animals under a 
legal process. He is not an insurer of the property in his custody, 
and is only liable if they are killed or injured through his neglect. 
He is not liable if they are stolen from him. But he must exercise 
good faith and reasonable diligence in the care of them. He is 
responsible for gross negligence and fraud, and as he is a bailee for 
compensation it may be thought that he is bound by the common 
law rule in such cases to "ordinary diligence." that is "the care 
which every person of common prudence, and capable of govern- 
ing a family takes of his own concerns." 

§ 30. Poundmaster's duties. — Under some of the foregoing 
statutes, the poundmaster is merely the keeper of the animals 
given into his custody until delivered to some other officer to be 
sold. See \ 17, pp. 102". 103; \ 25, p. 105; § 6, p. HOe. But usually he is 
to proceed to sell them at public vendue himself, after giving the 
proper notice as required by law. But in all cases after receiving 
beasts into his custody, he must "furnish them with sufficient and 
appropriate food and take good care of such beasts."— § 16, p. 102 ; 
§ 5, p. 109 ; \ 6, p. HOe. The penal code declares that "a person 
Avho. having impounded or confined any animal, refuses or neglects 
to supply to such animal during its confinement a sufficient supply 
of good and wholesome air, food, shelter and water, is guilty of a 
misdemeanor."— Sec. ±9±. 

§31. Poundmaster's sales. — The poundmaster must strictly 
comply with all the requirements of the statute as to the time 
.and manner of sale. The law governing sheriffs and consta- 
bles in making public sales of personal property, applies to 
pounduiasters also, and is in substance as follows: The sale must 
be made by auction, between nine o'clock in the morning and sun- 
set, within the township, and the property must be within view of 
those who attend the sale. The animals should be sold separately 
and in such order as are likely to bring the highest, price, and after 
a sufficient number have been sold to satisfy the damages and 
expenses, no more should be sold. 

\ 32. Poundmaster's duties AFTER sale.— The above applies 
to all sales of beasts impounded, whether made by the pound- 
master or by any other officer, as a sheriff, or constable, or marshal, 
or police officer of a city or village, acting under authority. After 
sale the officer must dispose of the proceeds according to the pro- 
visions of the statute under which he acts. See § 18, p. K>3 ; § 7, 
p. 110 ; § 7, p. HOe. He ought, also, to make out a full return of 
his doings, and file with the justice under whom the certificate of 
appraisal was made. Forms for the use of poundmasters and 
others under the estray or herd laws, will be found in the next 
chapter. 



CHAPTER VIII.— ESTRAY AND CATTLE FORMS. 

115.— FOKM OF ESTRAY NOTICE. 
Estray Notice. 

Strayed upon lands owned (or occupied) by me in the town 
of , county of , and state of Minnesota, where I reside, 

one yoke of working oxen (a), about eight years old, of a dark red 
color, with a -white spot in the forehead of each, and the left hind 
foot of each white ; having brass buttons on their horns, and a 
notch cut out of the right ear of one. They were found and taken 
up as estrays by me, on or about the day of , 189 , and 

are of the value of forty dollars each, and the owner thereof is 
unknown to me. (Dated and signed.) 

P. F., residing on Sec. 20, in said town. 

116.— CERTIFICATE OF APPRAISAL BY JUSTICE. 

{Venue.) 

Whereas, P. F., a resident of said town, has made application 
to the undersigned, a justice of the peace of said town, to appraise 
one yoke of dark red oxen, about eight years old. found and taken 
up by him as estrays ; Now, therefore, I hereby certify that having 
viewed the said oxen, 1 do appraise them to be of the value of forty 
dollars eacn. 

Fee, for certificate of appraisment 50 

Travel ten miles 60 

Received of P. F., in full of my fees $1.10 

(Dated and signed officially by the justice.) 

117.— NOTICE OF SETTLEMENT OF ESTRAY CHARGES, (b) 

{Venue.) 
To P. F. : 

Take notice, that I have applied to S. L. S., a justice of the 
peace of said town, to settle and fix the amount due to you (me), 
by reason of the keeping and use of the estrays taken up by you 
(me) about the day of , 189 , and claimed by me (you) ; and 
that said justice will hear and decide upon said matter at his office 
in said town, on the day of , 189 , at o'clock 

m., where you can be present and be heard in the premises. (Dated 
and signed by the party making the application.) 

118. — JUSTICE'S SETTLEMENT OF ESTRAY CHARGES. 

{Venue.) 

Whereas, a disagreement has arisen between J. S. and P. F. r 
concerning the reasonable and lawful charges incurred in relation 
to the keeping and use of the following estrays : (describing them) 
found and taken up by the said P. F., on or about , 189 , and 
kept by said P. F., from said time, and which are now claimed by 
the said J. S. : 

[a) Hordes aDd mules may be taken up found anywhere in the town, even 
by a non-resident, but proceedings must be had as in other cases. 

{b) This notice might be a verbal > ne, but had better be in writing. Unless 
the opposite party appears, the justice ought to require proof that the party 
had been duly notified, or postpone the hearing until he has been so notified, 
before hearing and deciding the matter, 
156 



ESTRAY FORMS. 157 

Now therefore, I, the undersigned, a justice of the peace of the 
said town, do hereby certify that I have ascertained and do hereby 
settle and fix the amount due to the said P. F. over the value of 
the use of such estrays, to be (eighteen) dollars, together with my 
costs amounting to (one dollar and fifty cents). (Dated and signed 
officially by the justice.) 

119.- CONSTABLE'S NOTICE OF SAIiE OF UNCLAIMED ESTRAY. 
Notice of Estray Sale. 
( Venue.) 

Whereas, on or about the day of , 189 , P. F., a resi- 

dent of said town, did find and take up on lands owned (or occu- 
pied) by him, the following estrays, viz.: (describing them as in the 
notice filed with the clerk), which said estrays were, on the day 
of , 189 , by J. P., a justice of the peace of said town, ap- 

praised at more than ten dollars, to-wit: (name the sum), and more 
than one year having elapsed since the filing of the estray notice, 
and said estray not having been redeemed by the owner thereof: 
Now therefore, notice is hereby given, that in pursuance of the 
statute in such case made and provided, and at the request of said 
P. F., I shall expose the same for sale at public auction to the high- 
est bidder, on the day of ,189 , at o'clock . M.,at 
in said town of . (Dated and signed officially by the constable.) (a) 

120.— STATEMENT OF CHARGES BY FINDER. (&) 

{Venue.) 

P. F., of the town of in said county, being duly sworn, on 

oath says that the following is a true statement of the lawful charges 
by him incurred in relation to a certain yoke of oxen (describing 
them), found and duly taken up by him as estrays, on the day 

of , 189 , to-wit: 

For keeping said oxen months, - - $ 

For filing -notice with town clerk and posting same, - 

For justice's fees on appraisement, - 

For town clerk's fees, ----- 

For register of deeds' fees, - 

Constable's fees on making sale, - 

(Other items, specifying.) ... - 

Total, ------ $ 

(Jurat.) P. F. 

121.— constable's return of estray sale, (b) 
( Venue. ) 

I hereby certify that on the day of , 189 , I gave pub- 

lic notice in writing that the estray described in the annexed notice 
would be sold at public auction, by posting up in three of the most 
public places in said town of , three notices describing said 

estray , and giving notice of the time and place when and where 
the same would be exposed for sale; that at the time so appointed, 
viz.: (state the day and hour), I attended at the place meutioned in 
said notice, viz.: (name the place where) , and then and there ex- 
posed the said estray to sale at public auction to the highest bid- 
der; and sold the said estray to (name the purchaser), for $ 

(a) The sale must be made between nine o'clock in the morning and sun- 
set, within the county and within view of the property, and be sold in such 
parcels as are likely to bring the highest price. The constable's fees are : post- 
ing each notice, fifteen cents; necessary travel to post up notices, ten cents 
per mile each way; on all sums made from sale and paid over, five per cent 
fees. 

(6) The constable's notice of sale (No. 119) and his return thereof (No. 121),. 
and this statement (No. 120), should be filed with the county treasurer by the 
finder, at the time he deposits the remainder of the money with him, and he 
should take the county treasurer's receipt therefor. 



158 BEASTS DOING DAMAGE. 

< giving the price paid for such estray) , he being the highest bidder 
therefor; that I have retained $ , my fees and disbursements 

from said amount, and have paid over $ , the remainder of 

the money to P. F., the finder of said estray. (Dated and signed 
officially by the constable.) 

122.— NOTICE TO OWNER OF BEASTS DOING DAMAGE. 

(Venue.) ToC. E.N.: 

Sir. — Take notice, that on the day of , 189 , at my 

residence (on the east half of the southwest quarter of section *) 
in said town, the following beasts owned by you (describing them 
and giving their number), were distrained by me for doing damage 
upon my lands (or lands occupied by me) in the section and town 
aforesaid, and are now detained and kept at (state where). (Dated 
and signed.) 

123. — application to justice to appoint appraisers. 
( Venue.) 
To J. V. L., a justice of the peace of said town : 

The undersigned, H. G., of said town, hereby makes application 
to you to appoint three disinterested inhabitants of said town to 
appraise the damages done by (four) coavs (describing them), upon 
my lands (or lands occupied by me, describing them); the said 
cows being distrained by me (a) within twenty-four hours of the 
date of this application, and are now kept by me in a secure place 
/on mv premises, on section , in said town) . (Dated, etc.) 

H. G. 
124.— appointment of appraisers. 
( Venue.) 
To C. S., H. W. and J. R., of said town : 

You are hereby appointed appraisers to appraise the damages 
sustained by H. G. by reason of four cows (b) doing damage, on the 
day of , 189 , upon his lands (or lands occupied by him), 

(on the east half of the southwest quarter of section ), in said 

town ; and upon first being duly sworn, you are to immediately 
repair to the place stated in the annexed application of H. G-, and 
view the damages done, and you may take the evidence of any com- 
petent witness of the facts and circumstances necessary to enable 
you to ascertain the extent of such damage, and for which purpose 
you are authorized by law to administer an oath to every such wit- 
ness, and ascertain and certify under your hands the amount of 
such damage, with fees for your services, not exceeding one dollar 
per day. (Given under my hand, etc.) (Dated and signed officially 
by the justice). 

125.— OATH TO APPRAISERS. 

(Indorse on the back of the order of appointment of appraisers. 
or attach to it the following): 
(Venue.) 

I do solemnly swear (or affirm) that I will faithfully and fairly 
ascertain and appraise the damages sustained by H. G., by beasts 
doing damage upon his lands on the day of ,189 , and make 
a just and true certificate thereof according to the best of my under- 
standing and ability, so help me God. (Signed by the appraisers). 
(Jurat. ) 

(a) In case the distraining: is made in those counties or parts of counties 
that may by resolution or by-law allow beasts to run at large in the daytime, 
between April 1st and October 15th. the following words should be inserted at 
(a) in form 123, "doing damage on my said lands in the night time, to-wit: be- 
tween the hours of eight o'clock in the evening of the day of , 189 , 
and sunrise of the next morning, and" (concluding as in form 128). 

(b) In cases arising in those counties mentioned in note (a), above, the fact 
of their being distrained in the night time should be inserted in this and in 
form No. 126 also. 



BEASTS DOING DAMAGE. 159 

126. — CERTIFICATE OF APPRAISERS. 

(Venue.) 

We, the appraisers duly appointed by J. V. L., a justice of the 
peace of said town, to appraise the damages done by four cows 
(describing them), upon the day of , 189 , on the lands of 
H. G. (on the east half of the southwest quarter of section , etc.), in 
said town, do hereby certify that immediately after our said 
appointment, upon first being duly sworn, we repaired to the place 
aforesaid, and after viewing the said damages done on the lands of 
the said H. G. (and taking the evidence of J. E.), we do hereby 
certify that the amount of said damage is the sum of $ 

Our fees, (two) days and mileage $ 

Total $ 

(Dated, etc.) (Signed by all the appraisers.) 

127.— SALE OF BEASTS BY POUNDMASTER. 
Poundmaster's Sale. 
( Venue.) 

Take notice, that on the day of , 189 , at the public 

pound in the said town of , in the couuty of , and state 

of Minnesota, at o'clock in the noon, I will sell at public ven- 
due (describe the beasts), or so many of them as may be necessary, 
to pay the damages certified to have been done by said beasts, on 
the lands of H. G., upon the day of , 189 , together with 

the fees and costs authorized by law. (Dated and signed officially 
by the poundmaster.) 

128. — SALE OF BEASTS BY SHERIFF OR CONSTABLE. 

Sheriff's (Constable's) Sale 

( Venue. ) 

Take notice, that on the day of ,189 , at ( naming the 

place) in the said town of , county of , and state of Min- 

nesota, at o'clock in the noon, I will sell at public vendue 
(describe the beasts), or so many of them as may be necessary to 
pay the damages certified to have been done by said beasts, 
together with the fees and costs authorized by law ; subject to 
redemption by the owner at any time within two months from the 
day of sale as provided by law. (Dated and signed officially by the 
sheriff or constable making the sale.) 

129. — RETURN OF SALE BY POUNDMASTER, SHERIFF OR CONSTABLE. 

( Venue.) 

I hereby certify, that pursuant to the annexed notice, copies of 
which were duly posted at three of the most public places (and at 
the public pound) within said town, at least ten (three) days before 
the day of the sale named therein, I did, on the said day of 
, 189 , at o'clock m., at the place in said notice men- 
tioned, sell the said beasts at public vendue to the highest bidder, 
for the following price, viz. : ' giving the price paid for each animal), 
making in all the sum of $ ; that I have retained the sum of 
$ for my fees, the cost of keeping said beasts, and the charges 
of such sale ; and have paid to H. G., the distrainer of said beasts, 
his damages as certified, with the fees of the appraisers, and of the 
justice (and poundmaster), amounting in all to $ ; and the sur- 
plus, $ , I have paid to (S. B., the owner of said beasts who 
appeared and claimed such surplus), (or to the county treasurer of 
the county aforesaid). (Dated and signed by the poundmaster or 
officer making the sale.) 

3P 



160 POUNDMASTER'S SALES. 

130.— poundmaster's sale. (Under § 28, p. 110./.) 

Poundmaster's Sale. 

(Venue.) 

Take notice, that, by virtue of the statute in such case made 
and provided, I did, on the day of , 189 , impound the 

following described animals (describing them); and that unless the 
said animals are taken away and the fees paid within fifteen days 
from the date of this notice, I shall, on the day of , 189 , 

at (naming the place where the town meetings are usually held), at 

o'clock in the noon, expose for sale and sell lat public 

vendue to the highest bidder in cash, the above described animals 
or so many of them as shall at that time remain in pound. (Dated 
and signed officially by the poundmaster.) 

131.— poundmaster's report of sale. 
( Venue.) 
To the Supervisors of the town of : 

The following is an accurate description of the animals duly 
sold by me, as provided by law, at public vendue in the town 
of , in said county, on the day of , 189 , and the 

amount received by me for each animal sold, namely: 

One gray mare, about six years old, etc., sold for, - $60 
One black yearling heifer, Avith white spot, etc., sold for 10 

Total, ...... $70 

Deduct two per cent of purchase money, - $1.40 
Fees, taking into and discharging from pound, - 0.20 
Keeping of animals (twenty -one) days, - 8.40 

$10 

Balance in my hands, .... $60 

Dated this day of ,189 . Poundmaster. 

132. — RECEIPT TO POUNDMASTER IN DUPLICATE. 

$60. 

Received from , poundmaster of the town of , the 

sum of sixty dollars, being amount realized from the sale of im- 
pounded animals by him made on the day of , 189 , after 
deducting fees and charges. For an accurate description of ani- 
mals sold, the sum received for each, and the fees, etc., reference is 
made to the said poundmaster's report of sale, dated , and 
duly filed with the town clerk. (Dated and signed officially by 
chairman of supervisors.) 



BOOTH'S 
Poundmaster's Manual. 

PKICE, 25 CENTS. 



H HHH 




